Opinion: Fla. Judges, Lawyers Can't Be Facebook Friends

(MYFOX NATIONAL) - No more "bffs" for judges and lawyers in Florida. Justices and attorneys may have to unfriend each other on Facebook after a recent opinion by a state ethics committee.

The New York Times reported that the state's Judicial Ethics Advisory Committee decided to set limits on judicial behavior online. When judges "friend" lawyers who may appear before them, the committee said, it creates the appearance of a conflict of interest, since it "reasonably conveys to others the impression that these lawyer 'friends' are in a special position to influence the judge."

The opinion issued last month ruled "No" to the question "Whether a judge may add lawyers who may appear before the judge as 'friends' on a social networking site, and permit such lawyers to add the judge as their 'friend.'" ( Read the opinion here.)

The panel did acknowledge that online friends are different than real friends, and that some Facebook "friendships" are more in line with a contact or acquaintance. But the committee's majority concluded that the possibility of the appearance of impropriety required that they recommend against friending, said Judge T. Michael Jones of the First Judicial Circuit Court, a committee member, reported The Times.

The committee's role is advisory and Judge Jones said that the opinion "does not have the force of a Supreme Court opinion" in Florida.

The Associated Press reported that Judge Thomas McGrady, the chief of the sixth judicial circuit in Pinellas County, agrees with the opinion because judges need to appear impartial. Judge McGrady does not have a Facebook page and said "If somebody's my friend, I'll call them on the phone."

The St. Petersburg Times reported that judges are not bound by the ruling but tend to follow the committee's advice.

On the Legal Profession Blog, one commenter noted about the opinion, "I really think that Facebook 'friends' are more like contacts, and that the minority's view of this is the common sense, correct one. Using FB allows one to communicate with others, and it's widely used ... I hope this position doesn't catch on."

In some cases Facebook and social media is creeping into actual cases. Last week, lawyers for Baltimore Mayor Sheila Dixon asked for a new trial in part because five of the jurors who convicted her of embezzlement were communicating among themselves on Facebook during the deliberations period, and at least one of them received an outsider's online opinion of what the verdict should be, reported The Baltimore Sun.