Angela L. Carroll v. Timothy W. Miller

Judge J.M. Bitney of the Wisconsin Circuit Court was Facebook “friends” with Angela Carroll (“Carroll”), a party appearing before him. Judge Bitney and Carroll did not have any communications on Facebook (or otherwise) regarding the case, the party opponent did not assert that Judge Bitney was subjectively bias or treated him unfairly, and Judge Bitney confirmed the Facebook “friendship” had no impact on his Order. Judge Bitney, who stands for reelection every six (6) years, had over 2,000 “friends” on Facebook, including multiple witnesses of and the sister of the party opponent. The opposing party, however, asserted that the Facebook “friendship” between party and judge violated the Due Process Clause of the Fourteenth Amendment. The Wisconsin Supreme Court agreed. This Petition presents the following question: Was the Due Process Clause of the Fourteenth Amendment violated by a judge and party being Facebook “friends”?