Metropolitan News-Enterprise

 

Thursday, April 29, 2021

 

Page 3

 

Supreme Court Committee Cautions Judges to Be Careful in Use of Social Media

 

By a MetNews Staff Writer

 

Judges have every right to use social media, the California Supreme Court’s Committee on Judicial Ethics Opinions said yesterday, but cautioned that whatever steps are taken to restrict the viewing of comments, it should be assumed that they will be available to the general public.

The committee said in an expedited advisory opinion:

“Judges must assume that all statements made on social media platforms will reach the widest possible audience regardless of whatever viewing restrictions or privacy settings a judge applies. This is because it is sometimes difficult for social media users to discover how the technology works, the technology does not work exactly as advertised, the technology’s default settings change over time, or some combination of the foregoing.”

Erroneous Assumption

It continued:

“In fact, several judges disciplined for online behavior mistakenly believed that they had taken necessary precautions to protect the privacy of their statements….Even if a judge takes steps to keep his or her social media statements private or limited to a select group of viewers, social media platforms and the sophistication of online viewers are evolving so rapidly that even the most technologically proficient users may have difficulty’ keeping pace with the privacy features, sharing capabilities, or hacking vulnerabilities of each site.”

The committee provided the example of a federal judge was “admonished for not adequately securing his personal server to prevent public access to sexually explicit files, which embarrassed and undermined public confidence m the judiciary in violation of federal codes of conduct.” The unnamed judge was Alex Kozinski, then a member of the Ninth U.S. Circuit Court of Appeals, who received a public admonishment from the Third District’s Judicial Council.

Four Points

Yesterday’s opinion provided this summary of the advice:

“Judges may use social media to make statements relating to the law, the legal system, or the administration of justice, but should consider the following when posting or engaging with others online: (1) the same standards for judicial communications that apply in face-to-face settings apply with equal force to online statements and social media posts; (2) due to lack of control over the dissemination and permanence of online statements, judges must exercise caution and restraint and should assume the widest possible audience; (3) while statements concerning the law, the legal system, or the administration of justice are generally permissible, judges may not engage in prohibited social or political commentary on social media; and (4) judges must carefully evaluate what they intend to post and continually monitor their social media communications and posts to ensure public confidence in the integrity, independence, and impartiality of the judiciary.”

Santa Clara Superior Court Judge Erica Yew, a member of the committee, commented:

“Judges are using social media more than ever before. While social media can be a powerful tool for connecting with our friends and communities, judges have a unique responsibility to ensure that their statements instill public confidence in the impartiality and integrity of the judiciary. We hope this guidance helps judges navigate how to engage in social media ethically and avoid the pitfalls.”

 

Copyright 2021, Metropolitan News Company