Today, Florida’s 3rd DCA upheld a trial court judge’s refusal to recuse herself based upon a Facebook friendship with an attorney on one side of a civil case in her courtroom.
The opinion indicates that the 3rd DCA has sided with Florida’s 5th DCA analysis in the “judges on Facebook” conversation and respectfully acknowledges that the 3rd DCA is in conflict with its “sister court,”the 4th DCA.
The opinion provides three reasons for its decision, which is based on the 5th DCA’s finding that a Facebook friend does not necessarily indicate a close relationship. First,many individuals have literally thousands of Facebook friends. Second, individuals may not recall everyone who has ever become a Facebook friend. And, third, Facebook friends may be the result of Facebook’s data mining technology rather than personal interactions.
The opinion pays respect to the 4th DCA and earlier JEAC opinions by noting that social media and technology has evolved and perhaps several years ago, a Facebook friend connoted greater intimacy, but today the 3rd DCA concludes that a Facebook friendship alone is not enough to establish a well-grounded fear that a judge cannot be impartial or is under the influence of a Facebook friend.
To read the opinion click here
