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CALIFORNIA JUDGES ASSOCIATION

Judicial Ethics Committee

Opinion No. 78

ONLINE SOCIAL NETWORKING II

THE ETHICAL IMPLICATIONS OF WRITING ONLINE REVIEWS

AND OF USING THE LIKE FUNCTION ON SOCIAL NETWORK

PLATFORMS

The commentary to Canon 2A states:

“A judge must exercise caution when engaging in any type of electronic communication,

including communication by text or email, or when participating

in online social networking sites or otherwise posting material on the Internet,

given the accessibility, widespread transmission, and permanence of electronic

communications and material posted on the Internet. The same canons that

govern a judge’s ability to socialize and communicate in person, on paper, or

over the telephone apply to electronic communications, including use of the Internet

and social networking sites. These canons include, but are not limited to,

Canons 2B(2) (lending the prestige of judicial office), 3B(7) (ex parte communications),

3B(9) (public comment about pending* or impending proceedings*),

3E(2) (disclosure of information relevant to disqualification), and 4A (conducting

extrajudicial activities to avoid casting doubt on the judge’s capacity to act

impartially,* demeaning the judicial office, or frequent disqualification)”.

This opinion will focus on the application of the Code of Judicial Ethics to certain

common online activities: 1) contributing to crowdsourced sites, such as

Yelp and Trip Advisor, and 2) “liking” sites, pages or other’s posts on social

networking and messaging sites. To analyze how the rules of judicial ethics

may apply in a given context, it is imperative to understand the footprint left

by using the site in a given manner. In other words, whether any ethical rules

are implicated depends on what others will be able to see because of the judge’s

actions on the site and who will be able to see it. The examples in this opinion

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