Remember when social networking sites like Facebook and Myspace became great “marketing” tools? Or when they became your best discovery tool? Well, take note, legal community: Your “well-intentioned” actions may land you in the doghouse. North Carolina Judge B. Carlton Terry, Jr. received a public reprimand from the Judicial Standards Commission after he engaged in ex parte communications (a la Facebook) with a lawyer of a case he was presiding over.

Judge Terry was presiding over a child custody and support case. The attorneys and the judge began discussing Facebook, and before you know it, the judge and defense counsel became Facebook friends. Big deal, right? Nothing wrong with being friends… There is, however, something wrong with a JUDGE WHO PUBLICLY DISCUSSES HIS VIEW OF THE CASE WITH ONE OF THE ATTORNEYS and an ATTORNEY WHO PUBLICLY KISSES THE ASS OF THE JUDGE, FOR THE JUDGE TO SEE. Seriously, that’s what happened.

During that day at court, the attorneys and Judge were discussing an alleged marital affair. Defense counsel posted something on his Facebook wall asking how to prove it. The Judge then wrote on the lawyer’s wall that he “had two good parents to choose from” and that he “feels that he will be back in court,” meaning, according to the reprimand, that the case would not be settled. Of course, the attorney publicly responded to the Judge’s message: “I have a wise Judge.” Actually, it appears you’re a bunch of bozos. The ex parte facebook communications continued.

The next day, during trial, defense counsel wrote on his wall, “I hope I’m in my last day of trial.” Of course, the judge had to reply, giving a little hint: “You are in your last day of trial.”

This wasn’t like one of those situations where you find yourself in the elevator with your judge. This wasn’t even like being at lunch with your judge. Instead, this was like you and your judge standing on benches across a park from one another, having a conversation with each other via megaphones or loudspeakers. Honestly guys, you must be somewhat intelligent…what the hell were you thinking?

Anyway, the Judge disqualified himself and a new trial will be held. Who friended who is unknown, but really, who cares?

Query: Is it legal or ethically ok to friend an opposing party on Facebook, Myspace, or another social networking site in order to get dirt on them? Does the act of “friending” in and of itself constitute an unauthorized communication?

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Tags | bozos, Brian Karpf, ex parte communications, facebook, myspace, social networking