Lawyers’ use and misuse of social media is, as many readers know, a topic that I love. Although it’s been a while since I posted about a lawyer’s social-media “fail,” it certainly isn’t because of a lack of potential stories. Here’s a recent story that made the headlines of the Huffington Post.
Sarah Peterson Herr was employed as a research attorney for a Kansas Court of Appeals judge when she tweeted about that State’s former Attorney General, Phill Kline. At the time of the tweets, Kline was appearing before the Kansas Supreme Court as part of an ethics investigation.
The tweets weren’t exactly journalistic in nature. Nor were they very complimentary of the former AG. In one, Herr asked, “Why is Phil Klein (sic) smiling? There is nothing to smile about, douchebag.” How charming. In another tweet, Herr predicted that the former AG would be disbarred for seven years for his conduct during investigations of abortion providers.
It’s unclear where exactly Herr was when she posted the tweets but it does seem that, if she wasn’t actually present at the hearing, she was purporting to be. Either way is problematic. Judicial staff, including staff attorneys, are prohibited from commenting on pending cases, as are the judges to whom they report.
When the story broke, Herr apologized, saying that she “failed to realize her posts were readable by all Twitter readers,” reports the Huffington Post. She was suspended with pay on Friday but, by Monday, the Kansas Supreme Court’s Chief Justice announced that Herr had been terminated and referred to the appropriate ethics offices.