Intro by Libby Yin Goodknight, Krieg DeVault LLP
In Rowe v. Gibson, Judge Richard Posner and Judge David Hamilton famously sparred over the propriety of judges doing internet research in deciding cases pending before them. There are certainly arguments on both sides of the debate. The American Bar Association’s Standing Committee on Ethics and Professional Responsibility has weighed in with Formal Opinion 478, concluding that judges risk violating the Model Code of Judicial Conduct if they consult the internet regarding facts or parties in pending cases. For a recent discussion on this emerging issue, see the ABA’s Litigation News article from February 27, 2019: Is Judicial Internet Research Ethical?
If you would like to submit content or write an article for the Appellate Practice Section, please email Kara Sikorski at email@example.com.