Code of Judicial Conduct

816 So. 2d 1084, 27 Fla. L. Weekly Supp. 53, 2002 Fla. LEXIS 7, 2002 WL 23948
CourtSupreme Court of Florida
DecidedJanuary 10, 2002
DocketNo. SC01-1428
StatusPublished

This text of 816 So. 2d 1084 (Code of Judicial Conduct) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Code of Judicial Conduct, 816 So. 2d 1084, 27 Fla. L. Weekly Supp. 53, 2002 Fla. LEXIS 7, 2002 WL 23948 (Fla. 2002).

Opinion

PER CURIAM.

The Judicial Ethics Advisory Committee petitions this Court to consider amendments to the Florida Code of Judicial Conduct. The committee further petitions the Court to amend the committee’s enabling authority as established in Petition of Committee on Standards of Conduct for Judges, 327 So.2d 5 (Fla.1976), and amended in Petition of Committee on Standards for Conduct of Judges, 367 So.2d 625 (Fla.1979), and Petition of Committee on Standards of Conduct Governing Judges, 698 So.2d 834 (Fla.1997). We have jurisdiction. See art. V, § 2(a), Fla. Const.

In response to our request that the committee consider whether canons 5D(5)(h) and 6B(2) should be amended to clarify the issue of aggregation of the value of gifts received by judges in one year, the committee unanimously approved the one-year study of its subcommittee to amend canon 5D(5)(h), and we adopt the amendment as proposed.

We amend canon 6B to substitute “Florida Commission on Ethics” for “Secretary of State” in canon 6B(l)-(2), Form 6A, and the commentary to canon 6. This will conform the canon to section 112.3144(1), Florida Statutes (2001), which requires that constitutional officers file annual disclosures of financial interests with the Florida Commission on Ethics. An additional amendment to canon 6B will add subdivision (c), requiring each judge to file a final financial disclosure within sixty days of leaving judicial office, unless the judge takes another public position that requires full and public financial disclosure. The canon 6B(c) disclosure must cover the period from January 1 of the current year through the last day on which the judge is in office.

Finally, we amend the committee’s enabling authority by adding to the committee one attorney member, increasing from one year to four years the length of the terms of the attorney members, and staggering the terms of the attorney members so that The Florida Bar Board of Governors will appoint a new attorney member every two years. The committee currently consists of three judges from our district courts of appeal, four circuit court judges, three county court judges, and one attorney. The committee believes, and we agree, that having the perspective of practicing attorneys is invaluable for its work, and that adding a new attorney member and increasing the length of the terms of the attorney members will aid the work of the committee. Furthermore, continuity is served by the staggering of terms.

The committee proposals were published in The Florida Bar News for comments. No comments were received on the proposals. Having considered the proposed amendments and having received no comments, we adopt the amendments as proposed. We have edited the proposals for style and grammar.

Accordingly, we amend canons 5D(5)(h) and 6B, Form 6A, the commentary to canon 6 of the Florida Code of Judicial Conduct, and the committee’s enabling authority as set forth in the attached appendix. New language is indicated by underscoring. The amendments are effective immediately.

It is so ordered.

WELLS, C.J., and SHAW, HARDING, ANSTEAD, PARIENTE, LEWIS, and QUINCE, JJ., concur.

[1085]*1085APPENDIX

Canon 5. A Judge Shall Regulate Extrajudicial Activities to Minimize the Risk of Conflict with Judicial Duties

A. Extrajudicial Activities in General. A judge shall conduct all of the judge’s extra-judicial activities so that they do not:

(1) cast reasonable doubt on the judge’s capacity to act impartially as a judge;
(2) demean the judicial office; or
(3) interfere with the proper performance of judicial duties.

B. Avocational Activities. A judge may speak, write, lecture, teach and participate in other extrajudicial activities concerning non-legal subjects, subject to the requirements of this Code.

C. Governmental, Civic or Charitable Activities.

(1) A judge shall not appear at a public hearing before, or otherwise consult with, an executive or legislative body or official except on matters concerning the law, the legal system or the administration of justice or except when acting pro se in a matter involving the judge or the judge’s interests.
(2) A judge shall not accept appointment to a governmental committee or commission or other governmental position that is concerned with issues of fact or policy on matters other than the improvement of the law, the legal system or the administration of justice. A judge may, however, represent a country, state or locality on ceremonial occasions or in connection with historical, educational or cultural activities.
(3) A judge may serve as an officer, director, trustee or non-legal advisor of an educational, religious, charitable, fraternal, sororal or civic organization not conducted for profit, subject to the following limitations and the other requirements of this Code.
(a) A judge shall not serve as an officer, director, trustee or non-legal advisor if it is likely that the organization
(i) will be engaged in proceedings that would ordinarily come before the judge, or
(ii) will be engaged frequently in adversary proceedings in the court of which the judge is a member or in any court subject to the appellate jurisdiction of the court of which the judge is a member.
(b) A judge as an officer, director, trustee or non-legal advisor, or as a member or otherwise:
(i) may assist such an organization in planning fund-raising and may participate in the management and investment of the organization’s funds, but shall not personally participate in the solicitation of funds or other fund-raising activities, except that a judge may solicit funds from other judges over whom the judge does not exercise supervisory or appellate authority;
(ii) shall not personally participate in membership solicitation if the solicitation might reasonably be perceived as coercive or, except as permitted in Section 5C(3)(b)(i), if the membership solicitation is essentially a fund-raising mechanism;
(iii) shall not use or permit the use of the prestige of judicial office for fund-raising or membership solicitation.

D.Financial Activities.

(1) A judge shall not engage in financial and business dealings that

(a) may reasonably be perceived to exploit the judge’s judicial position, or
[1086]*1086(b)involve the judge in frequent transactions or continuing business relationships with those lawyers or other persons likely to come before the court on which the judge serves.
(2) A judge may, subject to the requirements of this Code, hold and manage investments of the judge and members of the judge’s family, including real estate, and engage in other remunerative activity.
(3) A judge shall not serve as an officer, director, manager, general partner, advisor or employee of any business entity except that a judge may, subject to the requirements of this Code, manage and participate in:

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Related

In Re the Florida Bar-Code of Judicial Conduct
281 So. 2d 21 (Supreme Court of Florida, 1973)
Petition of Committee on Standards, Etc.
367 So. 2d 625 (Supreme Court of Florida, 1979)
Petition of Committee on Standards of Conduct for Judges
327 So. 2d 5 (Supreme Court of Florida, 1976)
In re Committee on Standards of Conduct Governing Judges
698 So. 2d 834 (Supreme Court of Florida, 1997)

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Bluebook (online)
816 So. 2d 1084, 27 Fla. L. Weekly Supp. 53, 2002 Fla. LEXIS 7, 2002 WL 23948, Counsel Stack Legal Research, https://law.counselstack.com/opinion/code-of-judicial-conduct-fla-2002.