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Yes, No and Maybe of Social Media

Yes, No and Maybe of Social Media. Jim Drennan UNC School of Government. Do you Use Facebook?. Yes for work and personal Yes, for personal use only Yes, for business use only No. Do you use Twitter?. Yes, for personal and business use Yes, for personal use Yes, for business No.

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Yes, No and Maybe of Social Media

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  1. Yes, No and Maybe of Social Media Jim Drennan UNC School of Government

  2. Do you Use Facebook? • Yes for work and personal • Yes, for personal use only • Yes, for business use only • No

  3. Do you use Twitter? • Yes, for personal and business use • Yes, for personal use • Yes, for business • No

  4. The Basics

  5. Wikipedia

  6. January 2001 • President Bush sworn in • AOL merges with Time Warner • Mike Easley takes office • 6th in US traffic • Over 3 million articles

  7. LinkedIn

  8. Created in May 2003 • “Mission Accomplished” in Iraq • Annika Sorenstam plays in PGA event • Erik Rudolph captured • 70 million users • Adds one per second • 17th most visited website in US

  9. My Space • Created in August 2003 • Arnold Schwarzenegger announces for Governor • Chief Justice Roy Moore of Alabama suspended for refusing to remove 10 commandments from courthouse • Bobby Bonds dies at age 57 • 25th in internet traffic • #1 social networking site until 2008

  10. Facebook • Created Feb. 2004 at Harvard to link students there and in Boston area • Mass. Court rules that gay marriage required by the state constitution; San Francisco issues marriage licenses to same-sex couples • Howard Dean drops out of Democratic presidential race • New England Pats win Super Bowl 38 • July, 2010 reached 500 million users worldwide • 134 million unique visitors in US in May 2010 • Second most visited website (after Google) in US

  11. You Tube • Created Feb. 2005; “official” launch Dec. 2005 • President Bush acknowledges that Iraq invasion based on faulty intelligence • Richard Pryor dies at age 65 • Chronicles of Narnia is leading movie • More than 2 billion views per day; time spent double of all three major networks • Fourth most visited site in US • Channels for President, Congress and . . . • Most popular video: Lady GaGa’s “Bad Romance”, played over 185 million times

  12. Twitter • Created July 2006 • Spain has first human case of H1N1 virus • Ken Lay, Enron CEO dies before his conviction becomes final • MySpace passes Yahoo mail for number one most visited site in US • Israel-Hezbollah war begins • Over 105 million registered users; 300,000 new users per day, in May of 2010 • Users add 55 million “tweets” a day • 11th most visited US site

  13. Horror Stories

  14. Nothing lasts forever . . . Except Social Media information

  15. Teen: Baby Bong Picture Was A Joke, Child Services: Not Laughing By Adam Kirk - Morning News Producer @ June 24, 2010 5:22 AM

  16. Mother Hijacks Son’s Facebook page

  17. Student Busted For Underage Drinking Using Facebook Photo       T

  18. Woman Violates Order Of Protection With Facebook 'Poke'

  19. Couple Arrested After Eating Rare Iguana On Facebook

  20. Ga. Judge Steps Down Following Questions About Facebook Relationship With Defendant Katheryn Hayes Tucker 01-07-2010 , Law.com A personal relationship that developed on Facebook sparked the end of a 17-year judicial career for Chief Judge Ernest H. Woods III. The judge resigned effective Jan. 15 in a letter to Georgia Gov. Sonny Perdue within days the publication of information about his Facebook dialog with a woman who was a defendant in his court. "I call it a retirement," Woods told the Fulton County Daily Report on Tuesday. "I just got tired of living under a microscope."

  21. The Judge said he wouldn’t discuss the case, but holding a drink is possession. Is the judge’s comment ethical? • Yes • No

  22. Some Rules

  23. Is it permissible for a judge to Google a person in drug court? • Yes, • Yes, unless it is a client • No

  24. Is it permissible for a judge to friend a lawyer on Facebook? • No, if the lawyer ever appears before you • Never • Yes, unless the lawyer is in a case with you • Yes

  25. May a Judge participate in a legal listserve? • No, never • Yes, always, but anonymously • Yes, if the discussion does not involve discussion of a case • Yes, but only if the discussion does not involve a legal issue

  26. May a case manager check the internet for information about a drug court client? • Yes • No

  27. Judicial Ethics Advisory Opinion, 09-20Florida Supreme Court • May a judge post material on his or her Facebook page, if the material does not otherwise violate the Code of Judicial Conduct. • Yes • May a judge “friend” a lawyer who appears before him? • NO • Most other states that have considered the issue say YES, with qualifications about not giving impression that lawyers have undue influence • SC, NY, Ky

  28. In Re Terry • Judge presides over custody and support case • Friends one lawyer, and sends message to lawyer that trial is about to end • Googles one party and reads poem party wrote during trial

  29. In Re Terry • Judicial Standards Commission reprimands : • Judge Terry had ex parte communications with counsel for a party in a matter being tried before him. • Judge Terry was also influenced by information he independently gathered by viewing a party’s web site while the party’s hearing was ongoing, even though the contents of the web site were never offered as nor entered into evidence during the hearing.

  30. If the Judge can’t do it, can you? • May a case manager check the internet for information about a drug court client? • NC Code of Judicial Conduct, Canon 3.B.(2): (2) A judge should require his staff and court officials subject to his direction and control to observe the standards of fidelity and diligence that apply to him. What about other team members who don’t work for the court?

  31. Must a judge’s assistant refrain from “friending” lawyers who appear before the judge? • No (Florida ethics opinion 2010-04 • Must be independent of judge and not discuss inappropriate court business

  32. JUDICIAL STANDARDS COMMISSIONFORMAL ADVISORY OPINION: 2009-03 • It would be inappropriate for a judge to utilize a listserv for the specific purpose of obtaining the advice of a disinterested expert on the law applicable to a proceeding before the judge. • The process of posting an issue on a listserv, thereby inviting open comment by all who may have access to the post provides opportunities for these principles to be abused.

  33. JUDGES’ USE OF SOCIAL NETWORKING SITES Michael Crowell UNC School of Government July 2010 (Revised) Available at: http://www.sog.unc.edu/programs/judicial_authority_administration/index.html Contains cites to all ethics opinions on social networking for NC Judges

  34. Some Gray Areas

  35. Would you use social media to communicate with a client? • Yes, but only if normal means don’t work • Yes, without question • Never

  36. Is it permissible for a judge to require drug court clients to friend her? • Yes • No

  37. Is it permissible to talk about court business on social media? • Yes • Yes, if you are careful not to engage in ex parte communication • Never

  38. Would you use information obtained from social media about a client? • Yes, why not if they put it out there? • No • Only if it was obtained ethically

  39. This is from a Facebook page. If the man in the middle was a drug court client, what would you do?

  40. Is it appropriate for Drug Court Team Members to be friends? • Yes, but not for work purposes • Yes for all purposes • No

  41. Is it appropriate to “friend” a drug court graduate? • Yes • Depends on whether they are likely to stay clean • No

  42. Team members on Facebook • Is it a proper use of “state time”? • What is the purpose?

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