Judicial boards discuss Facebook in courtrooms

Do compromising Facebook photos constitute tangible evidence? Does looking through a private online photo album mean a breach of privacy?

During IU Student Association’s second-annual judicial conference Saturday, judicial board members debated those questions.

A hypothetical case gave participants the opportunity to discuss important judicial issues and address common sticking points.

“We basically have it just to talk with them about their experience this year, to make sure everything’s running smoothly with them,” said Tara Maloney, Supreme Court Chief Justice and a student at the Maurer School of Law.

Maloney said IUSA’s Supreme Court sponsors the event to foster conversation between judicial boards.

While the Supreme Court has no authority to tell other boards how to function, members do want to help them address common issues, Maloney said.

“This is more of a chance for the students on the j-board to talk and speak about their experience and also to speak to other students,” Maloney said.

The hypothetical case was designed to create discussion among attendees. It created a scenario in which a student was found drinking in a residence hall and asked students to address the issue of photo evidence in such a case.

One area for discussion in the scenario queried the students about the legitimacy of photo evidence found on a public or private Facebook profile page.

“It’s just a new aspect of technology that needs to be addressed,” said Ashley Martin, associate justice of the Supreme Court and law student.

Private Facebook profiles provided a problem for judicial boards, as some individuals
believed that allowing boards to actively search for incriminating pictures constituted a breach of judicial ethics.

“It’s not there to be a prosecutor; we’re there to be an impartial group of students,” Martin said.

Martin said another important aspect of the conference was in improving communication between boards.

The Supreme Court hoped to help improve the consistency of sanctions issued for
comparable violations.

Participants discussed the importance of educational sanctions, such as requiring an essay from students about their violation.

“It’s all about education,” Martin said.

Sophomore Stacey Vosters said discussing future improvements, particularly in the area of sanctioning, was an important part of the conference. Vosters is chair of the Willkie Residence Hall Judicial Board.

“I found it very informative to see what the other boards are doing,” Vosters said.

After the hypothetical case was discussed in small groups, attendees were given a chance to privately discuss any problems they’ve encountered throughout their terms.

These issues will be presented to Associate Dean of Students Pamela Freeman and the Office of Student Ethics.