38.6c New Delhi, India, Wednesday, August 06, 2025
Top Stories Supreme Court
Political NEWS Legislative Corner Celebstreet International Videos
Subscribe Contact Us
close
International

Judges Can Become Facebook Friends With Lawyers, Says Florida SC [Read Judgment]

By LawStreet News Network      23 November, 2018 12:00 AM      0 Comments
Judges Can Become Facebook Friends With Lawyers, Says Florida SC [Read Judgment]

The Supreme Court of Florida on November 15, 2018, in the case of Law Offices of Herssein and Herssein v. United Services Automobile Association by 4:3 majority has held that due to mere existence of a Facebook friendship between a judge and an attorney appearing before him in a matter, the judge cannot be disqualified from considering the matter on the ground of likelihood of bias.

A Bench comprising of Chief Justice Charles Canady and Justices Ricky Polston, Jorge Labarga, C. Alan Lawson, Barbara Pariente, R. Fred Lewis and Peggy Quince was hearing an issue regarding the legal sufficiency of a motion to disqualify a trial court judge on the basis of a Facebook friendship.

The Law Offices of Herssein and Herssein and attorney Reuven Herssein had filed a motion to disqualify the trial judge on the ground that he was Facebook friends with an attorney appearing before him. The motion, however, was dismissed by the trial court judge.

It is essential to note that the Florida Judicial Ethics Advisory Committee (JEAC) has expressed in an opinion that judges were prohibited from adding attorneys who appear before them as friends on Facebook. The concern of JEAC was that a reasonably prudent person would fear that he or she could not receive a fair and impartial trial.

Moreover, Floridas Code of Judicial Conduct requires judges to avoid impropriety and the appearance of impropriety in all of the judges activities.

The Supreme Court, however, disapproving the opinion of JEAC ruled that Facebook friendship between a judge and an attorney does not hamper the neutrality of the judge since Facebook friendship is not equivalent to traditional friendship.

Facebook friendship is notas a categorical matterthe functional equivalent of traditional friendship. The establishment of a Facebook friendship does not objectively signal the existence of the affection and esteem involved in a traditional friendship, CJ Candy observed in his majority judgment to which Justices Polston and Lawson concurred.

Justice Labarga though concurring with the majority warned the judges to refrain themselves from Facebook. Participation in Facebook by members of the judiciary is fraught with risk that could undermine confidence in the judges ability to be a neutral arbiter, he said in his separate judgment.

A dissenting judgment was delivered by Justice Pariente. She said, in my view, any attempt to equate Facebook friendship with traditional friendship ultimately fails. She opined that far more information may be revealed due to existence of Facebook friendship than assigned by majority. He urged the majority to adopt parameters for judges while engaging with social media. Justices Lewis and Quince concurred with her.

Thus the court upheld the decision passed by the trial court remarking that an allegation of mere friendship between a judge and a litigant or attorney appearing before the judge, standing alone, does not constitute a legally sufficient basis for disqualification.



Share this article:

User Avatar
About:


Leave a feedback about this
TRENDING NEWS

sc-to-hear-plea-on-august-8-seeking-time-bound-restoration-of-statehood-to-jammu-and-kashmir
Trending Judiciary
SC to Hear Plea on August 8 Seeking Time-Bound Restoration of Statehood to Jammu & Kashmir

SC to hear plea on Aug 8 seeking time-bound restoration of statehood to J&K, citing violation of federalism and delay despite govt assurance.

05 August, 2025 01:45 PM
sc-cancels-bail-of-ex-dhfl-promoter-dheeraj-wadhawan-in-42000-crore-bank-fraud-case
Trending Judiciary
SC Cancels Bail of Ex-DHFL Promoter Dheeraj Wadhawan in ₹42,000 Crore Bank Fraud Case

SC cancels bail of ex-DHFL promoter Dheeraj Wadhawan in ₹42,000 cr bank loan scam case; directs him to surrender within 2 weeks despite medical plea.

05 August, 2025 05:34 PM

TOP STORIES

sc-directs-telangana-speaker-to-decide-disqualification-petitions
Trending Judiciary
SC directs Telangana Speaker to decide disqualification petitions against 10 rebel BRS MLAs within 3 months [Read Order]

SC orders Telangana Speaker to decide disqualification pleas against 10 rebel BRS MLAs within 3 months, stressing swift action on political defections.

31 July, 2025 04:58 PM
sc-to-first-consider-maintainability-of-review-against-2022-judgment-on-eds-powers-under-pmla
Trending Judiciary
SC to first consider maintainability of review against 2022 judgment on ED's powers under PMLA

SC to first decide if review pleas on ED powers under PMLA are maintainable; hearing on Karti Chidambaram’s plea set for August 6.

01 August, 2025 10:58 AM
sc-recalls-may-2-judgment-scrapping-jsw-steels-resolution-plan-for-bhushan-power-and-steel-ltd
Trending Business
SC recalls May 2 judgment scrapping JSW Steel's resolution plan for Bhushan Power and Steel Ltd

SC recalls its May 2 verdict cancelling JSW Steel’s ₹19,300 Cr resolution plan for Bhushan Power; matter to be heard afresh on August 7.

01 August, 2025 11:13 AM
electronic-communication-not-valid-mode-of-service-of-notice-under-section-35-bnss-sc
Trending Judiciary
Electronic communication not valid mode of service of notice under Section 35 BNSS: SC [Read Order]

SC holds WhatsApp or email not valid for notice under Section 35 BNSS due to arrest risk; personal service required to safeguard liberty.

01 August, 2025 11:25 AM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email