Town Court Justice Admonished For Facebook Post
A non-attorney town court justice has been admonished for misconduct by the New York Commission on Judicial Conduct
from March 13, 2016 to March 28, 2016, with respect to People v David VanArnam, a matter then pending in the Canton Town Court, St. Lawrence County, respondent made public comments on her Facebook account about the pending proceeding and failed to delete public comments about the pending proceeding made by a Morristown Town Court clerk…
In March 2016, respondent maintained a Facebook account under the name “Lisa Brown Whitmarsh.” Respondent had approximately 352 Facebook “friends.” Respondent’s Facebook account privacy settings were set to “Public,” meaning that any internet user, with or without a Facebook account, could view content posted on her Facebook page.
On March 13, 2016, respondent posted a comment to her publicly viewable Facebook account, as shown on Exhibit A to the Agreed Statement of Facts, criticizing the investigation and prosecution of Mr. VanArnam. Respondent commented, inter alia, that she felt “disgust for a select few,” that Mr. VanArnam had been charged with a felony rather than a misdemeanor because of a “personal vendetta,” that the investigation was the product of “CORRUPTION” caused by “personal friends calling inpersonal favors,” and that Mr. VanArnam had “[a]bsolutely” no criminal intent.
Several friends “liked” the post.
clicking the “like” button is a way for Facebook users to indicate that they “enjoy” a post.
But someone else did not enjoy it.
On March 23, 2016, a local news outlet posted an article on its website reporting on respondent’s Facebook comments concerning the VanArnam case and re-printed respondent’s Facebook post of March 13, 2016, in its entirety.
On March 28, 2016, respondent removed all postings concerning the VanArnam matter from her Facebook page after receiving a letter from District Attorney Rain questioning the propriety of her comments and requesting her recusal from all matters involving the District Attorney’s office.
She agreed to recusal and to refrain from further posts on judicial matters.
The commission
Comments posted on Facebook are clearly public, regardless of whether they are intended to be viewable by anyone with an internet connection or by a more limited audience of the user’s Face book “friends.” Even such a “limited” audience, we note, can be substantial, and to the extent that such postings can be captured or shared by others who have the ability to see them, they cannot be viewed as private in any meaningful sense. Accordingly, a judge who uses Facebook or any other online social network “should … recognize the public nature of anything he/she places on a social network page and tailor any postings accordingly” (Adv Op 08-176)…
The Advisory Committee on Judicial Ethics has cautioned judges about the public nature and potential perils of social networks and has advised that judges who use such forums must exercise “an appropriate level of prudence, discretion and decorum” so as to ensure that their conduct is consistent with their ethical responsibilities (Adv Op 08- 176). Further, since the technology behind social media can change rapidly and unpredictably, it is essential that judges who use such forums “stay abreast of new features of and changes to any social networks they use” since such developments may impact the judge’s duties under the Rules (Id).
These are excellent guidelines for any judge who joins and uses an online social network. At a minimum, judges who do so must exercise caution and common sense in order to avoid ethical missteps.
The agreed statement of facts is linked here. (Mike Frisch)