TBA Law Blog


Posted by: Katharine Heriges on Dec 8, 2017
A new American Bar Association ethics opinion finds that while judges may conduct legal research online for cases not cited by the parties, using the internet to find facts concerning the parties or subject matter of a case poses ethical problems, the ABA Journal reports. Finding “adjudicative facts” about a case is already generally banned by the ABA Model Code of Judicial Conduct, but an exception allows judges to go online for facts that are subject to judicial notice because they are generally known and not subject to reasonable dispute. The opinion also offers guidelines for judges to conduct independent factual research.