Are judges permitted to blog?
The Washington Ethics Advisory Committee has issued an opinion on whether judicial blogging is permitted under the Code of Judicial Conduct. Established in 1983 by the state Supreme Court, the Committee provides judicial officers with advice with respect to their ethical obligations.
The Committee's opinion on judicial blogging says "yes, but be careful" (my paraphrase).
The Code of Judicial Conduct does not specifically prohibit a judge from blogging on the internet. CJC Canon 4(A) permits judicial officers to write concerning the law, the legal system and the administration of justice provided that activity does not cast doubt on the capacity to decide impartially any issue that may come before them. Even though a judicial officer may post an internet blog that activity, in addition to the limitations of Canon 4(A), will also be subject to the limitations of Canon 2(A) and Canon 3. That is, a judicial officer should act at all times in a manner that promotes public confidence in the integrity and impartiality of the judiciary and judicial duties must take precedence over all of a judicial officer’s activities.
The opinion goes on to give advice for blogging judges.
If the judicial officer does post a blog, the judicial officer may want to consider posting a disclaimer that the opinions expressed are only those of the author and should not be imputed to other judges. The judicial officer may also want to consider outlining constraints to which judicial officers are subject such as commenting on pending cases or discussing cases with persons appearing before the judicial officer’s court in order to avoid ex parte communication. If possible, the judicial officer should review a response before allowing it to be published on the blog or alternatively, regularly monitor the responses to make sure that the thread of the discussion does not change from that permitted by Canon 4.
This is an encouraging development. I agree, as the opinion states, that judges are in a unique position to improve the public understanding of the law. To my knowledge, Justice Tom Chambers is the only member of the state Supreme Court who maintains a blog. Perhaps we'll see more in the future.
