We’ve all heard the stories about lawyers using social media to research jurors and to gather evidence about opponents. But here’s a new twist: even judges look to Facebook to find information about the parties appearing before them.
In Purvis v. Commissioner of Social Sec., 2011 WL 741234 (D.N.J., Feb. 23, 2011), the question before federal judge Susan Davis Wigenton was whether the plaintiff had been wrongfully denied Social Security benefits. Ultimately the judge determined that the question of whether plaintiff’s asthma made her disabled needed to go back to the Social Security office for further proceedings. But the judge had some pretty severe skepticism about the merits of the plaintiff’s claim, expressed in this footnote:
Although the Court remands the ALJ’s decision for a more detailed finding, it notes that in the course of its own research, it discovered one profile picture on what is believed to be Plaintiff’s Facebook page where she appears to be smoking. Profile Pictures by Theresa Purvis, Facebook, [link omitted because it's broken] (last visited Feb. 16, 2011). If accurately depicted, Plaintiff’s credibility is justifiably suspect.
I guess the moral of the story is to hide your smokes when someone pulls out a camera. Or maybe there’s an even bigger lesson. What do you think? Leave your comments.