Judge 2.0: A New Approach to Judicial Ethics in the Age of Social Media

In The Good Wife episode mentioned in the Introduction, the use of social media by a well-regarded judge undermines a verdict even though the judge is considered to be an expert on ethics. The plot draws on irony to explore the extent to which novel social media platforms can be a trap for the unwary. Yet, the episode is also a commentary on the pivotal role that online communication and social media play in the twenty-first century. On the one hand, social media are beneficial, even instrumental to civic engagement.

On the other hand, social media expose public figures to enormous liability. The dual nature of social media plays out for members of the legislative and executive branches on a daily basis. Yet, the question remains as to whether the judicial branch will be able to effectively capitalize on the benefits of modern social media, while at the same time minimizing the liability associated with its use.