• 30
  • November
    2011

Earlier this month, we wrote about the Pennsylvania state representative who scored a major victory when a judge decided to toss out evidence against her in a DUI case. The judge ruled that the arresting officers did not have sufficient probable cause to justify the traffic stop. He also noted inconsistencies in the evidence provided by the arresting officers.

Without this crucial evidence, the prosecution would have a very difficult time trying the case successfully. Unfortunately, the state Attorney General's Office recently filed a motion requesting that the judge recuse himself from the case. They also asked him to reverse his earlier decision.

The motion was based on the discovery that the judge and the defendant are Facebook friends. It said that the connection between the two "both creates an appearance of impropriety and undermines public confidence in the judiciary."

But it is quite possible that neither the judge nor the defendant even knew that that they were Facebook friends. The state representative has more than 4,500 friends and the judge's friend list exceeds 1,500.

The criminal defense attorney representing the woman says: "They're not out having drinks together. It's social media . . . They're elected officials. It's common."

There are certainly times when it is appropriate for an existing relationship to warrant recusal from a case. For instance, the case is being prosecuted by the state AG's Office because the Philadelphia District Attorney is friends with the defendant, in real life as well as online. Therefore, the DA felt it prudent to recuse his office.

But according to the defendant's attorney, Facebook is the only connection between his client and the judge, and it is a tenuous one at best. Hopefully, this technicality will not be enough to undermine the judge's original ruling.

Source: Philly.com, "Judge, defendant Facebook friends; Pa. seeks reversal," Tony Graham, Nov. 16, 2011