Texas judge accidentally resigns via Facebook

William “Bill” McLeod, a well-respected Houston-area trial judge, was contemplating running for the Texas Supreme Court in the 2020 general election. Earlier this month, he stated as much on his Facebook page, unaware that such a declaration triggered an automatic resignation from his current position under Article 16, Section 65 of the Texas Constitution.

Harris and his supporters appealed the automatic removal, but this week Harris County commissioners voted 4-1 to uphold the resignation. It appears to have been a difficult decision, given that McLeod was a popular and experienced judge who won a sizable majority in the last election.

Still, there were important countervailing considerations: Continue reading “Texas judge accidentally resigns via Facebook”

Missouri expands media access to courtrooms

The Missouri Supreme Court is allowing expanded access for media tools in its courtrooms, including live Tweeting, electronic note taking, and expanded camera use beyond a single “pool camera.” The updated provisions are the first major change since 1995.

Individual judges will still have the final say over media access in any particular case.

Florida Supreme Court will broadcast all oral arguments on Facebook Live

The Florida Supreme Court, a longtime leader in televised access to court hearings, has announced that it will broadcast all of its oral arguments on Facebook Live starting in February.  The court has broadcast arguments through other providers since the late 1990s.  Broadcasts will continue to be archived.

More information from the court is available at its Facebook page.

Related: the very same court will soon decide whether judges must recuse themselves when they are Facebook friends with one of the lawyers appearing before them.

Ohio Justice apologizes but refuses to quit court after Facebook fiasco

Ohio Supreme Court Justice William O’Neill, who is serving on the court while simultaneously running for the governorship as a Democrat, made news again this past weekend with a Facebook post in which he claimed to have 50 lovers over the past century, and described two trysts in detail. The since-deleted post read in part:

“Now that the dogs of war are calling for the head of Senator Al Franken I believe it is time to speak up on behalf of all heterosexual males…. In the last fifty years I was sexually intimate with approximately 50 very attractive females. It ranged from a gorgeous personal secretary to Senator Bob Taft (Senior) who was my first true love and we made passionate love in the hayloft of her parents barn in Gallipolis and ended with a drop dead gorgeous red head who was a senior advisor to Peter Lewis at Progressive Insurance in Cleveland.”

As the kids today like to say, OMG.

Everyone is rightly horrified by this post, with some of the harshest criticism coming from those within O’Neill’s own party, and from the court itself. Chief Justice Maureen O’Connor said in a statement, “I condemn in no uncertain terms Justice O’Neill’s Facebook post. No words can convey my shock. This gross disrespect for women shakes the public’s confidence in the integrity of the judiciary.”

O’Neill issued an apology on Facebook on Sunday morning, stating: “There comes a time in everyone’s life when you have to admit you were wrong. It is Sunday morning and i [sic] am preparing to go to church and get right with God.”

Notwithstanding the apology, O’Neill faces calls for him to resign from the court and end his gubernatorial campaign. His campaign manager has already resigned. But O’Neill insists that he will stay on the court, and will only leave the governor’s race if former Consumer Financial Protection Bureau chief Richard Cordray jumps in.

The people of Ohio deserve much, much better than this.

Tweeting Judges, Revisited

Texas Supreme Court Justice Don Willett, who rose to fame in social media circles for his active and vibrant use of Twitter, was deemed “well-qualified” for a seat on the Fifth Circuit Court of Appeals by the American Bar Association earlier this week. Perhaps appropriately, the decision was tweeted out by another prominent member of the state court Twitterati, Georgia Court of Appeals Chief Judge Stephen Dillard.

Justice Willett has more than 100,000 Twitter followers and was a very active tweeter before his federal judicial nomination drove him to stay off the platform, at least temporarily. But he is no longer a rare exception to the rule that active judges stay off of social media. Chief Judge Dillard has more than 11,000 followers, and tweets several times a day, mostly on general legal issues.  He is joined by many other judges around the country with active Twitter accounts.

The legal profession has always been uneasy with judges engaging social media. David Lat took a look at this in 2014, concluding that the judicial use of Twitter to educate the public about the work of the courts was entirely appropriate, and that “judges just need to exercise sound judgment.”

The social media landscape has only grown in the ensuing three years, and the question is worth another look.  Is the judicial use of Twitter humanizing or harmful?

Continue reading “Tweeting Judges, Revisited”

Florida: judges can be friends with lawyers on Facebook, because Facebook “friends” aren’t necessarily real friends

I reported last month on a motion to disqualify a Florida state judge from presiding over a case after it was learned that she was Facebook friends with opposing counsel.  The twist on the case was that the counsel in question had previously been a judge himself, and the Facebook connection dated back to a time when both judge and counsel were on the bench.

On Wednesday, Florida’s Third District Court of Appeal issued a ten-page order, concluding that disqualification was not necessary.  The key language:

We agree with the Fifth District that “[a] Facebook friendship does not necessarily signify the existence of a close relationship.”  We do so for three reasons.  First, as the Kentucky Supreme Court noted, “some people have thousands of Facebook ‘friends.’…

Second, Facebook members often cannot recall every person they have accepted as “friends” or who have accepted them as “friends.”  In a recent case, a student, who had over one thousand Facebook “friends,” did not know he was a Facebook “friend” with another student he was accused of assaulting….

Third many Facebook “friends” are selected based on Facebook’s datamining technology rather than personal interactions.  Facebook data-mines its members’ current list of “friends,” uploaded contact lists from smart phones and computers, emails, names tagged in uploaded photographs, internet groups, networks such as schools and employers, and other publicly or privately available information.  This information is analyzed by proprietary algorithms that predict associations. Facebook then suggests there “People You May Know” as potential “friends.”

This is a thoughtful and sensible opinion, and the pervasive use of scare quotes around the term “friend” is a telling indictment of how distant our human relationships have grown in an age of social media.