Abstract
This Note examines the risks associated with judicial officers’ use of social media. It argues that while committees and panels across the country have made progress in identifying and resolving ethical issues arising out of social media, novel approaches to the problem may be necessary to limit the exposure of judicial officers to ethical quandaries arising out of rapid technological change. Part I defines social media and surveys how state judiciaries have adopted social media guidelines for judicial officers. Part II reviews the Model Code of Judicial Conduct and presents specific hypothetical scenarios where the use of social media could implicate existing rules. Part III examines a report from Utah’s Subcommittee on Social Media. The report illustrates how state judiciaries could creatively grapple with the ethical dimensions of social media. Building on Utah’s example, Part IV concludes that state judiciaries can adapt to the pressure of social media by relying upon traditional institutional and extra-institutional resources.
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