CHARLESTON – A family court judge has been publicly admonished for social media postings and comments she made regarding the COVID-19 vaccine and the January siege of the U.S. Capitol.
24th Circuit Family Court Judge Sally G. Jackson received the admonishment February 24 from the state Judicial Investigation Commission. The 24th Circuit Family Court includes Berkeley and Jefferson counties.
According to the six-page admonishment, Jackson posted a story on Facebook about Wisconsin pharmacist Steven Brandenburg being arrested for allegedly destroying multiple doses of the COVID-19 vaccine by leaving them out overnight at room temperature. She also made negative comments related to the alleged actions of the pharmacist.
Jackson
The Judicial Disciplinary Counsel contacted Jackson and told the comments violated the Code of Judicial Conduct. Jackson agreed to take the comments down. JDC also reminded Jackson it wasn’t the first time she had been asked to take down a Facebook post because it violated the code.
“Despite being warned, respondent repeatedly posted stories and/or inappropriate comments about the siege at the United States Capitol in Washington, D.C., on her Facebook page from January 6, 2021, through January 11, 2021,” the filing states. “They included stories and negative statements about former Wayne County House of Delegates member Derrick Evans who allegedly participated in the siege and was the subject of federal criminal charges.”
In a January 15 response letter to the JDC, Jackson said she deactivated her Facebook account on January 11, which was the same day the complaint against her was opened.
“I am embarrassed by my actions and sincerely apologize,” Jackson wrote. “I must point out in my defense that my Facebook page was not accessible to the public but was viewable only by my friends and family. I was expressing my feelings to friends, not the general public.
“My second point is that nothing on my page identified me as a judge, although of course, my friends know that. You have been more than patient with me, and I regret any inconvenience this has caused you. I have no plans to reactivate my Facebook account until I retire …”
In an 8-0 vote, the JDC found probable cause exists to find Jackson violated the following rules of the Code of Judicial Conduct: compliance with the law, confidence in the judiciary, avoiding abuse of the prestige of judicial office, judicial statements on pending and impending cases as well as extrajudicial activities in general.
The JDC said further formal discipline wasn’t necessary as Jackson had no prior disciplinary actions, but it said the actions were serious enough to warrant a public admonishment.
“The concept of a ‘public comment’ applies to Facebook whether a judicial officer opens his or her personal page only to family and friends or to the public at large,” the admonishment states. “At all times when engaged on social media, judges should remember the immortal words of industrialist Henry Ford that ‘under pressure, the mouth speaks when the brain is disengaged and sometimes unwittingly, the gearshift is in reverse when it should be in neutral.’
“Judges can never go wrong when they limit their Facebook posts to comments about family, pets, sports or the weather. In all other respects, a judge must maintain his/her impartiality particularly when commenting about issues that may come before the court.”
Jackson was appointed as a Family Law Judge in 2001 by former Gov. Bob Wise. She was elected in 2002, and she was re-elected in 2008 and 2016. She was attorney for 10 years before that.
Judicial Investigation Commission complaint number 07-2021