Did the Florida Judicial Ethics Advisory Committee go too far when it advised judges and lawyers to no longer "friend" each other on Facebook and other social media networking sites? The harm, according to a majority on the committee, is that such connections might create the impression of favoritism and special influence.

FindLaw columnist Anita Ramasastry sums it up this way: Judges may use Facebook for political campaigns (since many states require judges to run for election), for communicating with the public, or simply to communicate with friends and acquaintances. The Committee felt that the "friending" of lawyers by judges could send the wrong message to the public -- suggesting that certain attorneys have cozy relationships with a given judge, and thus have the power to influence his or her decisions. A person who is on Facebook might have dozens, hundreds, or even thousands of "Facebook friends." Some legal ethics experts thus conclude that being a Facebook "friend" conveys very little, and that the Committee got it wrong.
And indeed, a minority of the Committee's panel would have allowed Facebook friendship between lawyers and judges, because the minority characterized being a Facebook "friend" as a status that is actually more like that of "a contact or acquaintance," one that does not convey the notion of "feelings of affection or personal regard."
But there is a strong basis for the Committee's ruling: Judges hold a very special position of trust. They must take extra pains to avoid even the appearance of impropriety or conflicts of interest.

Thompson & Knight partner  Greg Curry, president of the Texas Association of Defense Counsel, says that while the committee's intentions are well-placed, such passive and low-level contact is not likely to create ethical problems. However, lawyers with cases before a judge should rethink their on-line relationships. "The decision properly highlights that if you have an ongoing matter before a judge, then you should evaluate and properly limit any inappropriate contact." In such cases, Curry advises that it may be best for lawyers to remove a judge as a friend, and vice-versa.