The American Bar Association Standing Committee on Ethics and Professional Responsibility has issued Formal Opinion 478 that provides the nation’s judicial branch guidance related to the ethical boundaries of independent factual research on the internet.
The guidance is consistent with the ABA Model Code of Judicial Conduct, but notes that judicial notice is governed by the law of evidence in each jurisdiction. The opinion draws a bright-line distinction between independent investigation of “adjudicative facts” and research of “legislative facts” of law and policy. Formal Opinion 478 also provides guidance on internet research by judges of the lawyers and the parties involved in the case.
“Stated simply, a judge should not gather adjudicative facts from any source on the Internet unless the information is subject to proper judicial notice,” Formal Opinion 478 said. “Further … judges should not use the Internet for independent fact-gathering related to a pending or impending matter where the parties can easily be asked to research or provide the information. The same is true of the activities or characteristics of the litigants or other participants in the matter.”
H/T to beSpacific. — Joe