The Oklahoma Bar Journal August 2023

issues. A simple screen tap signi fying that you like, heart, follow or even view a social media post can easily be translated to mean approval of that post and implicate a real or perceived bias. A secondary concern with judges using social media is that it can compromise the confidentiality of ongoing cases. A careless judge may inadvertently reveal details about cases they are presiding over, which can lead to mistrials or appeals. Social media use may also expose judges to security risks, including cyberstalking, harassment and exposure to a judge’s children and loved ones. 40 Additionally, the American Bar Association has published a guide for judges on social media use, which includes recommendations for avoiding the appearance of bias or impropriety. 41 My survey of Oklahoma judges found that the most common use of Facebook by judges was for their campaigns. Facebook pages, rather than personal accounts, are created

by judges to reach out to voters. The page feature allows a judicial candidate to advertise and measure the effectiveness of the content on that page. An entire industry has sprouted up in recent years catering to political candidates and helping them target their social media advertising to select voters. Because it is cost-effective, many candidates for local office, including judges, are spending more money on social media than advertising on traditional media platforms like radio and newspa pers. Judges who use Facebook for campaigns report that once their campaign is over, they delete or deactivate their Facebook page. The panel summed up the best advice for judges who decide to use social media; restating admo nitions from Kentucky and New York judicial advisory opinions, the Oklahoma panel advises, “Social networking sites are fraught with peril for Judges. We agree whole heartedly with the admonition.” 42 OKLAHOMA SUPREME COURT SOCIAL MEDIA STATEMENT Former Oklahoma Supreme Court Chief Justice Noma Gurich issued a social media statement in 2019 to all members of the Oklahoma judiciary and court employees. Her statement is a practical and succinct tool to guide the judiciary in the proper use of social media. Remember to be mindful in your use of personal social media. You must remember that anyone and everyone in the public is a potential audi ence of your postings. Your use of social media may raise ethical, security and privacy concerns. As judges and court

the prestige of her office by soliciting school donations on Facebook while wearing her judicial robe. 38 numerous complaints related to her use of Instagram, Twitter and Cash App, including soliciting money donations for her birthday, offering relationship advice and making restaurant recommendations – all while a candidate for judge. 39

A Georgia judge faced

NAVIGATING PROPER USE OF SOCIAL MEDIA MOVING FORWARD

So long as the 2011 Oklahoma panel opinion remains, judges must exercise great caution when using social media. A judge’s duty to maintain impartiality and avoid any appearance of bias means that judges must be selective in choos ing their Facebook friends and other social media contacts, and judges should not publicly express their opinions on controversial

Statements or opinions expressed in the Oklahoma Bar Journal are those of the authors and do not necessarily reflect those of the Oklahoma Bar Association, its officers, Board of Governors, Board of Editors or staff.

AUGUST 2023 | 27

THE OKLAHOMA BAR JOURNAL