Miami-Dade Circuit Judge Beatrice Butchko’s Facebook account is the subject of a pending dispute in Florida’s Third Circuit Court of Appeal. Judge Butchko is friends on the social media site with local lawyer Israel Reyes, which appellants argue should disqualify her from hearing any cases involving Reyes or his firm.
Florida was an early leader in setting out ethics guidelines for judges on social media, with a 2009 opinion that barred judges from adding lawyers who may appear before them as “friends” on any social networking site. Had Judge Butchko recently added Mr. Reyes as a friend, it would seem a clear violation of the ethics guideline.
But there is a twist in this case: Mr. Reyes was formerly a colleague on the state bench with Judge Butchko, and it was in that capacity that they connected on Facebook. Only when Mr. Reyes left the bench did the potential for him to appear before Judge Butchko ever become a possibility. And the ethics opinion is silent about removing friends from social media–as opposed to adding new ones.
Mr. Reyes is representing a non-party in the case before Judge Butchko, but the proper defendant in the case finds the entire disqualification motion absurd:
“No reasonably prudent Miami lawyer has a well-founded fear of not receiving a fair and impartial trial simply because two judges who sat on the bench in Miami-Dade County are ‘friends’ on Facebook,” wrote Shutts & Bowen attorneys Patrick Brugger and Frank Zacherl of Miami, who did not respond to a request for comment by deadline.
Judge Butchko could presumably resolve the issue quickly by dropping Mr. Reyes as a Facebook friend, so as to avoid any perception of partiality. Nothing would prevent her from maintaining a real friendship within professional limits. And that might be the best kind of friendship after all.