Courts

Yeah... Judges Can't Use Facebook Messenger To Casually Discuss Matters Before Them In Court

This is how social media goes pear shaped for judges.

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The Ohio Supreme Court sanctioned a common pleas court judge, Bruce Winters, over his use of Facebook messenger. According to reports, Winters used social media to engage in ex parte communications with Keith Blumensaadt, and their convo included a variety of topics — including several matters in which Blumensaadt had an interest.

Back in the early 1980s, and before his legal career, Winters was a probation officer and was assigned Blumensaadt’s case. They again crossed paths in 2017 when Blumensaadt was a defendant in a criminal case in front of Judge Winters (their previous connection was properly disclosed). After Blumensaadt was released from jail, the pair became Facebook friends and that’s when the problematic conversations took place:

Between July and December 2019, Judge Winters and Blumensaadt used Facebook Messenger for written and audio conversations regarding matters before the court in which Blumensaadt had an interest. The Office of Disciplinary Counsel charged that Judge Winters violated judicial conduct rules by having undisclosed conversations with Blumensaadt concerning:

  • Criminal charges against a man whom Blumensaadt claimed had sold his daughter heroin

  • Alcohol-related criminal charges of a man whose vehicle struck and injured Blumensaadt, and the subsequent personal-injury case Blumensaadt intended to file

  • Modification of a civil stalking protection order (CSPO) secured by Blumensaadt’s family so that Blumensaadt could attend his mother’s funeral and other functions

  • Modification of a divorce decree that granted Blumensaadt custody of his son.

Despite the multiple infractions, Winters’s cooperation and disclosure, as well as a lack of prior issues, and remorse, led to a stay of the recommended suspension. He must complete three hours of continuing judicial education on ex parte communications or appropriate use of social media by judicial officers.

He’s also closed his social media accounts.

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Kathryn Rubino is a Senior Editor at Above the Law, host of The Jabot podcast, and co-host of Thinking Like A Lawyer. AtL tipsters are the best, so please connect with her. Feel free to email her with any tips, questions, or comments and follow her on Twitter (@Kathryn1).

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