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Can Judges 'Friend' Lawyers?

By Shari Claire Lewis

It should be no surprise that the continuing growth of social media tools such as Facebook, Twitter and LinkedIn has led to questions about its use by members of the legal community, including members of the judiciary. In fact, New York's Advisory Committee on Judicial Ethics'has just issued Opinion 13-39, issued May 28, 2013, exploring the ethical constraints of social media use by judges, following one it issued in 2009 (Opinion 08-176, issued Jan. 29, 2009).

New York is not alone in tackling this subject. In February, the American Bar Association Standing Committee on Ethics and Professional Responsibility offered a formal opinion entitled “Judge's Use of Electronic Social Networking Media,” Formal Opinion 462, issued Feb. 21, 2013, and the subject recently has been debated and analyzed in a variety of states across the country (more on this below).

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