Mindful Ethics:
Professional Responsibility for
Lawyers in the Digital Age

Class Ten
October 29
To Friend or Not to Friend: Who’s to Judge?

It has been six years since the publicity surrounding Mindy’s blog about Judge Ono.The incident created so much publicity that Mindy became a local hero. With a great reputation as a criminal defense lawyer and the backing of the defense bar, Mindy is encouraged to become a circuit court judge. Judge Ono is running for re-election and Mindy decides to run against him. While the public does not appreciate the significance of the events of six years earlier, the local bar finds the election electrifying. Mindy wins a close race and feels vindicated.

At the time of the election, Mindy decides to stop accepting friends on her Facebook page, which she ramped up when she ran for judge and cuts loose the handful of attorneys who she had initially accepted as “friends.” While some states have approved judges having friends on Facebook, the approval often comes with a caution about the appearance of impropriety.

Mindy decides to use her Facebook page to educate the public about the legal system. She posts about her upcoming and ongoing trials.

However, she is not sure what to do about her more personal “Mindy Moo” page that does not identify her explicitly. She has been using it for more than five years and it has been a great way for her to keep in touch with close friends.

Mindy thinks it over and decides to keep it since there is no obvious way for anyone to know it is her or that “Mindy Moo” is a judge. She is careful not to write anything related to her work.

Mindy embraces her role as judge and likes the prestige that comes with it. Lawyers often offer her tickets to local sporting events and theater. One firm has even invited her to join some of the partners on their private plan to travel to Greece to learn about the origins of the legal profession.


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