Imagine preparing for an important hearing or trial and learning that the presiding judge is a Facebook “friend” of the opposing counsel. Or more, that the judge had tweeted or posted about the upcoming trial. The issue of judicial use and misuse of social media continues to perplex lawyers, judges and judicial ethics authorities alike. Consider these examples:

• In April, Louisville Judge Olu Stevens stirred up controversy by criticizing on Facebook a victim impact statement made in his court. The judge, who is African-American, deplored the claim in the statement that a home invasion and robbery committed by two African-American males had left a 3-year-old girl traumatized with fear of black men. While Judge Stevens initially made this emotional reaction to the statement during a sentencing hearing for one of the defendants, it was his Facebook post about the “generalized stereotyped and racist opinions” that drew fire, not only from members of the public who have called for Steven’s removal from office, but also from legal ethics scholars critical of the judge’s remarks.

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