Since JEAC advisory opinions do not become “binding” at any point, and they only are referenced if/when someone makes a JQC complaint against the judge for an alleged violation — shouldn’t judges be erring on the side of caution and following this opinion (however misguided and out of date its reasoning is)?

I wouldn’t be surprised if many of our judges got JQC complaints for their facebook pages in the coming months to see if the Supreme Court will find the same result as the JEAC did. Given the split on the JEAC on this issue (probably based on the age/technological savviness of those hearing the matter), I wouldn’t be surprised if the old fuddy-duddies on the Fla. S. Ct. came to the same conclusion.

Just do a facebook search for many members of the Broward Judiciary –you’ll see that almost all of them have a rogue’s gallery of lawyers as friends who not only MAY appear in front of them, but ACTUALLY appear in front of them regularly.

Tsk tsk tsk.

Facebook is NOT the Bar and should not be subject to JEAC opinions.

Attorneys and judges are people and have lives outside of the courts. (allegedly)

I would further opine that 1st amendment rights to free speech outweigh all else unless the above references to impropriety or QPQ occur.

Bad enough Judges cannot speak of their opinions and we basically have to elect someone without typically important information about a judicial candidate.

The Judicial election process has already degenerated into either a beauty contest or a who knows who contest.

Now no Facebook even?

Ridiculous!

FROM BUDDY: Actually, there is a debate on the Internet over whether to use “unfriend” or “defriend” when removing someone from Facebook.

One story about it can be found here.

This topic has been going around in candidate circles as well. Because of questions about whether this opinion would apply to judicial candidates (as Canon 2(B) is one that the Florida Supreme Court has previously stated does not apply to judicial candidates), on December 11, 2009, I submitted a formal request for an opinion from the JEAC on this issue. I have already been notified that an opinion will hopefully be issued within 45 days, and I will be happy to circulate it if I receive an answer prior to formal publication of the opinion. I am sure that all candidates with Facebook or other social networking pages will be waiting to hear an answer to this question.

Please note however that the “Candidate Fan Page” question was specifically answered in the JEAC Opinion you linked. The Committee found that a judge’s campaign may have a social networking page which allows lawyers to designate themselves “Fans” or supporters provided the sites “cannot accept or reject the lawyer’s listing of himself or herself on the site” as a fan. While I am not familiar with each social networking site, Facebook campaign pages allow anyone to sign up as a “supporter” so it would seem that there is no ethical issue with having such a page.

Best regards to you and the family for the holidays and Happy New Year!

Nate

FROM BUDDY: Send it to Browardbeat.com when you receive it!