Lawyer Doddle—thoughts on class action lawyers (data breach)

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Should judges post on social media?

No one wants a judge who is a partisan hack. I read The Appeal by John Grisham, which painted an unflattering portrait of the way appellate judges are selected and how they decide. It makes you think about what you want in a judge. The question I wonder about is: what should judges post on social media? Or should they post anything at all?

 

Judges are people. Although black robes are meant to convey majesty, that is more about the court and the power of the court as an institution. The judge an agent of that institution and the embodiment of it.

Some states elect their judges. Some states appoint their judges. In North Carolina, we elect judges. It used to be non-partisan, which was a little silly. You knew where everyone stood, but it allowed judges to have at least a little removal from politics. Not anymore.

The North Carolina General Assembly made the elections partisan after about two decades of not listing the judge’s party. This raises all kinds of questions about judges who hold certain political philosophies and how they might rule.

For example, many Republican judges come from the DA’s office. Do you want a judge who worked for the DA’s office if you are a criminal defense lawyer? Probably not. I suppose it depends on the judge. Conversely, if you are a victim of crime, do you want a judge who was a long-time criminal defense lawyer and a Democrat?

And what if you are a plaintiff’s attorney in a personal injury lawsuit, and your case goes in front of a Republican judge who worked in insurance defense his or her whole career? You may not want this judge.

The two-party divide has always existed, so, in theory, this problem has always been present. You simply learned how judges leaned and you “judge shopped” accordingly.

Lately I’ve noticed judges showing up in pictures on social media at political events for North Carolina Court of Appeals and North Carolina Supreme Court candidates and incumbents. In theory, these appellate courts could rule on opinions written by the judges attending their events and contributing to their campaigns.

It raises the question: is it proper for a judge to appear on social media in these kinds of pictures? What about appearing in pictures with candidates for various offices? Or pictures with children of major politicians? For example, what if your judge appeared with Donald Trump, Jr. in a picture at a political event? How would you feel about that judge? I suppose it depends on how you want the judge to rule, doesn’t it? If you were a Democrat, not so good. How would you feel if your judge appeared with Hunter Biden? If you were a Republican, not so good.

I don’t have the answers, but I do believe:

1. Judges should keep their social media to a minimum and keep their points of view offline. I suppose the counter argument for that is it is better to see how they really think and vote accordingly;

2. Judges should not be photographed with appellate judges who may rule on their cases;

3. Judges should not voice hyper-partisan opinions online; and

4. Judges should not voice strong opinions online about issues that may give people pause as to the judge’s judgment, for lack of a better word.

One thing that troubles me is how so many judges are drawn from the DA’s office. How is a judge who comes from the DA’s office qualified to hear anything but criminal cases? Wouldn’t you want a judge who understood criminal law and civil law? Those are questions for another day.

I’m not sure what judges should do about social media, but I do believe they should at least appear to not be a partisan hack. Right now, some try harder than others. 

But it raises the question: if judges conduct themselves as political animals, can you go after them like any other political candidate? I think you can. And you should.