Should Judges Be on Facebook?

October 25, 2011

An article in the Pennsylvania Law Weekly (subscription required) explores the ethical implications of judges using social media, particularly Facebook.  "Out of 39 Pennsylvania Commonwealth and Superior Court judges and Supreme Court justices, the Law Weekly has found Facebook pages of some kind for 21 of them, half of which bear the judge's political party affiliation or political endorsements for certain politicians or groups."  PMC Deputy Director Shira Goodman and several ethics experts agreed that it is understandable that judicial candidates take advanatge of the free Facebook tool for advertising and campaigning, but noted that problems can arise once the judge takes the bench, including the ongoing implications of political endoresements and who is identified as a "friend."
 
Superior Court Judge Anne Lazarus, who chairs a Supreme Court committee studying ethics rules governing judges, said her committee will be studying judicial use of emerging technologies like Facebook. She noted that she does not think a wholesale ban on judicial use of Facebook is the answer.  But Goodman noted, "some judges may need to sacrifice Facebook usage for the sake of the job.  'I have been around judges who say, this is the best job in the world, but there are certain things you give up — social niceties. Maybe judges can't use Facebook the way you and I use Facebook.'"