florida appeals court considers removal of judge who is facebook friends with lawyer

by Ludwig Ledner Published 2 years ago Updated 1 year ago 8 min read

Florida's Third District Court of Appeal is considering a petition filed by the Herssein Law Group to disqualify Miami-Dade Judge Beatrice Butchko because of her Facebook friendship with opposing counsel Israel "Izzy" Reyes, who formerly served with Judge Butchko on the bench at the Eleventh Judicial Circuit Court.

Full Answer

Can a Facebook friend of a judge be a lawyer?

Jul 31, 2017 · Appeals court considers removal of judge who is Facebook friends with lawyer By Debra Cassens Weiss July 31, 2017, 12:48 pm CDT A Florida appeals court is considering a law firm’s attempt to force...

Does the absence of Facebook friendship with the judge render case distinguishable?

Aug 23, 2017 · In 2009, another Florida appeals court said Facebook friendships were more problematic, ruling that recusal was required when a judge was Facebook friends with a prosecutor. The latest case dealt...

Does a Facebook relationship with a judge qualify as disqualification?

Nov 15, 2018 · TALLAHASSEE (CBSMiami/NEWS SERVICE OF FLORIDA) — Grappling with the meaning of social-media relationships, a divided Florida Supreme Court on Thursday said judges do not have to disqualify themselves from cases in which they are Facebook “friends” with attorneys involved in the cases.

Do Facebook friendships undermine a litigant’s confidence in a trial judge?

Jun 07, 2018 · The Miami attorney represents the Herssein Law Group, which wants to disqualify Circuit Judge Beatrice Butchko from a dispute over attorney fees, on the ground that she was Facebook friends with...

Can a judge and lawyer be Facebook friends?

Some of these courts have noted that a judge may be friends with attorneys on Facebook and other social networking sites, as long as these friendships do not include attorneys who have cases pending before the judge.

Are judges allowed to have social media?

“A judge may participate in electronic social networking, but as with all social relationships and contacts, a judge must comply with relevant provisions of the Code of Judicial Conduct and avoid any conduct that would undermine the judge's independence, integrity, or impartiality, or create an appearance of ...

What was the ruling by the Court of Appeals regarding a judge who was a Facebook friend of the prosecuting attorney in a case that was tried before that judge?

In a 4-3 decision, the Florida Supreme Court resolved a conflict between its lower courts as to whether a judge may be a Facebook "friend" with an attorney appearing before the judge. The Third and Fifth Districts had held that mere social media friendship alone is not a sufficient basis to disqualify a judge.Nov 16, 2018

Are judges allowed to have Facebook?

Judges may use social media to make legal declarations in the same way they do in traditional venues, as long as they carefully consider what they want to post and monitor responses to assure continued compliance. In the case of United States v.Aug 19, 2021

Can lawyers and judges be friends?

A judge may be a “friend” on a social networking site with a lawyer who appears as counsel in a case before the judge. As with any other action a judge takes, a judge's participation on a social networking site must be done carefully in order to comply with the ethical rules in the Ohio Code of Judicial Conduct.Oct 24, 2017

What is the law on social media?

Federal law prevents employers from discriminating against an employee because of their social media. But employers can legally terminate employees for several reasons that they may not truthfully disclose. Besides, an organization can leverage social media for informal background checks on potential employees.Dec 27, 2021

Can a judge have an attorney as a Facebook friend in South Africa?

(b) No. There is nothing wrong with Judge Shore being Facebook friends with Grace and since he did not discuss the merits of the trial there is no appearance of impropriety.Nov 14, 2017

Can a judge befriend an attorney on Facebook in South Africa?

You can ask a judge to be friends on Facebook, just don't do it if you have a pending case before them. It won't look good – and it might spark an ethics complaint or motion to recuse. The same goes for connections on LinkedIn, Twitter, Instagram and other social media.Mar 20, 2018

Can a federal judge serve on the board of his local law school?

Teaching and serving on the board of a law school are permissible, but in the case of a for-profit law school, board service is limited to a nongoverning advisory board. Consistent with this Canon, a judge may encourage lawyers to provide pro bono legal services.

How does social media affect the judicial system?

Social media conduct creates opportunities for lawyers to better understand the beliefs of potential jurors, and it may even provide grounds to challenge jury verdicts on appeal or even in post-conviction proceedings in criminal cases.Dec 5, 2018

Can a judge do business?

(2) A judge may serve as an officer, director, active partner, manager, advisor, or employee of a business only if the business is closely held and controlled by members of the judge's family.Aug 7, 2017

Can a judge disqualify a Facebook friend?

While the Herssein case clearly establishes that a Facebook friend relationship between a judge and a lawyer before the court, without more, is not disqualifying, the majority opinion contains no guidance on what factors in a social media relationship would rise to the level of reasonable belief of unfairness or how such information might be obtained. The concurring opinion recommends that judges avoid Facebook altogether. [41] While many judges will weigh the complexities of a social media presence and its value and decide to stay away as suggested by the concurring opinion, many others will feel compelled to connect with others as social media continues to evolve and expand in importance in our society.

Do judges have to be passive observers?

As social media continues to evolve and pervade our society, it becomes increasingly unrealistic and unwise to suggest that judges remain passive observers. In fact, judges may be compelled to actively engage in social media to gain a better understanding of how the vast majority of those who appear before them are communicating. Nonetheless, a judges’ level of social-media engagement is tempered by ethical constraints, just as judicial involvement in other aspects of society has always been limited for those accepting the mantle of judge.

Who is Ralph Artigliere?

Ralph Artigliere was a trial lawyer and circuit judge in Florida for more than 30 years.

Is the Herssein ruling based on a narrow record?

[3] Moreover, the Herssein ruling is based upon a narrow record and only addresses whether a Facebook friendship between a trial judge and a lawyer appearing before the judge, standing alone, would merit an automatic disqualification.