The overwhelming majority of judges, like the majority of jurors, are savvy enough to understand and deal properly with the ramifications of the information age and how it can impact legal proceedings. But, like some jurors, there are some judges who have not adapted to the information age and fail to control the juries or the attorneys in the cases they hear. Judge Ito was completely ill-equipped to handle the television and celebrity angle of the O.J. criminal trial, so it is no surprise that some judges today are struggling to comprehend and deal with Twitter, Facebook, Google, iPhones, Blackberries, and so forth.
I am not so sure that all of this is a bad thing. I now perceive, for good or for bad, that criminal defense lawyers often have no trouble crossing the line from "guarantee this defendant a fair trial" to "set this defendant free no matter the cost". Yes, I want an aggressive lawyer defending me if I go to trial, but I also want ethical lawyers debating the case before an ethical and informed judge. And if those parties can't be ethical, then I surely hope the jury is smart enough to see the truth and decide accordingly.