Florida Supreme Court reprimands judge for ethical violations during her election campaign.  [Added 2/5/10]

    The Florida Judicial Qualifications Commission brought formal charges against Judge.  She was accused of ethics violations during her election campaign.  Specifically, Judge was charged with:  (1) using an ad urging voters to "re-elect" her, when in reality Judge had been appointed rather than elected to the bench; and (2) stating in an ad that she had "20 years of legal experience" when she did not.  Judge stipulated to these facts.  This conduct violated Canon 7A(3)(d)(ii) of the Florida Code of Judicial Conduct.

    The Florida Supreme Court stated:  "Canon 7A(3)(d)(ii) is intended to preserve the integrity of the judiciary and maintain the public's confidence in a fair, impartial, and independent judiciary.  It is clear that a member of the judiciary or judicial candidate should not mislead the public by placing factually incorrect statements in campaign materials.  . . .  [T]he misleading information contained within Judge []'s campaign materials was placed within the materials deliberately and was done for the purpose of bolstering her own experience and credibility to the voting public.  Without a doubt, Judge []'s conduct was wholly inappropriate."  The Court ordered that Judge be publicly reprimanded before the Court.  Inquiry Concerning a Judge, Nos. 08-392, 08-360 re: Angela Dempsey, __ So.3d ___ (Fla., No. SC09-1747, 2/11/2010).

Governor must appoint a judicial nominee from the names submitted by the Judicial Nominating Commission, per Florida Supreme Court.  [Added 7/6/09]

    Judge retired from the Fifth DCA due to the state's mandatory retirement law.  The Judicial Nominating Commission ("JNC") for the Fifth Appellate District provided the Governor with a list of six nominees.  The Governor rejected those nominees and requested that the JNC reconvene to consider the applications of certain applicants.  The JNC instead resubmitted the original list.  When the Governor did not fill the vacancy, Judge filed a petition with the Florida Supreme Court for a writ of mandamus to require the Governor to fill the vacancy.

    The Supreme Court granted the petition.  The Court stated that the "plain language of article V, section 11(c) [of the Florida Constitution], mandates that the Governor, upon receipt of the certified list of nominees from a judicial nominating commission, make an appointment from that list within sixty days to fill the judicial vacancy.  Significantly, in addition to the mandatory language that is expressly stated in the provision, we note the absence of any language granting the Governor authority to reject the JNC’s certified list of nominees or to extend the time in which the appointment for judicial office must be made."  The Court's opinion concluded:  "[W]e hold that under the undisputed facts and specific circumstances present in this case, the Governor lacks authority under the constitution to seek a new list of nominees from the JNC and has a mandatory duty to fill the vacancy created by Petitioner’s retirement with an appointment from the list certified to him on November 6, 2008.  Because we believe the Governor will fully comply with the dictates of this opinion, we grant the petition but withhold issuance of the writ."  Pleus v. Crist, 14 So.3d 941 (Fla. 2009).

Supreme Court advises Governor that suspended lawyer who was elected to circuit judgeship is not eligible to take judicial office  [Added 2/4/09]

    In August 2008 William Abramson was elected to a circuit judgeship.  His term of office was to begin on January 6, 2009.  On December 18, 2008, the Florida Supreme Court suspended Abramson from practice for 91 days, effective January 2, 2009.  The Governor of Florida, prompted by a request from the circuit's chief judge, requested an advisory opinion from the Supreme Court regarding how Abramson's suspension from practice affects his ability to hold the constitutional office of judge.

    The Supreme Court responded with an advisory opinion concluding that Abramson was not eligible to assume the judgeship.  Article V, Section 8 of the Florida Constitution provides in pertinent part that, "No person is eligible for the office of circuit judge unless the person is, and has been for the preceding five years, a member of the bar of Florida."  Under Rule 3-5.1(e) of the Rules Regulating The Florida Bar, however, a suspended lawyer remains a member of the Florida Bar but does not have the privileged of practicing law.  Citing decisions from other jurisdictions, the Court stated:  "[It is the 'common sense understanding' that where Bar membership is an eligibility requirement for judicial office, one may not be a judge in a court in which one's own practice as a lawyer would be disallowed."  Consequently, the court concluded "that article V, section 8 of the Florida Constitution contemplates that ‘a member of the bar of Florida’ is a member with the privilege to practice law.  It follows that a lawyer who is suspended from the practice of law fails to satisfy the constitutional eligibility requirements for a circuit court judgeship.  Abramson is a suspended lawyer.  He cannot practice law in the courts of this State and he is therefore not eligible to hold the office of circuit judge in this State."

    Two members of the Court would limit the Court's advisory opinion to the factual situation before the Court (i.e., a lawyer who had been suspended for 91 days, with readmission to the Bar dependent on proving rehabilitation to the satisfaction of the Court).  Advisory Opinion to the Governor re: Commission of Elected Judge, ___ So.2d ___, 34 Fla.L.Weekly S194 (Fla., No. SC09-3, 2/4/2009), 2009 WL 248361.

Judicial candidate may not hire campaign consultant who is running for office as partisan political candidate or is executive officer of political party.  [Added 9/6/08]  --  Judicial Ethics Advisory Opinion 2008-16 (Election).

Judicial candidate may use title "Administrative Law Judge" when describing experience with Division of Administrative Hearings.  [Added 7/3/08]  --  Judicial Ethics Advisory Opinion 2008-15 (Election).

Judicial candidate ethically may sign pledge to strive for diversity in discretionary appointments, per Judicial Ethics Advisory Committee.  [Added 6/30/08]  --  Judicial Ethics Advisory Opinion 2008-14 (Election).

Judicial Ethics Advisory Committee discusses common campaign questions raised by sitting judge seeking re-election.  [Added 5/21/08]  --  Judicial Ethics Advisory Opinion 2008-11 (Election).

Judicial Ethics Advisory Committee addresses use of "judge" and judicial robe by judicial candidate who previously was circuit judge.  [Added 5/21/08]  --  Judicial Ethics Advisory Opinion 2008-10 (Election).  NOTE:  The Committee applied a similar analysis to judges who have retired from the circuit bench and currently holding senior status.  Judicial Ethics Advisory Opinion 2008-13 (Election).

Judge's parents may not send out letters supporting judge's re-election bid and soliciting campaign funds.  [Added 4/4/08]  --  Judicial Ethics Advisory Opinion 2008-09 (Election).

Judge whose spouse is running for non-partisan public office may not attend spouse's "meet and greet" campaign gatherings, even at judge's home.  [Added 9/25/07]  --  Judicial Ethics Advisory Opinion 2007-13 (September 14, 2007).

Judge-elect may maintain law partnership bank account to receive outstanding fees during winding-up of partnership.  Judicial Ethics Advisory Opinion 2006-31.

Judge who is not candidate may attend community-sponsored, non-partisan function in order to socialize and hear candidates' speeches.  Judicial Ethics Advisory Committee Opinion 2006-25.

Judicial candidate may use endorsement of retired judge in ads only if retired judge is not eligible for recall.  Judicial Ethics Advisory Opinion 2006-24 (Election).

Not unethical for judicial candidate to accept and advertise endorsement from elected partisan official, if endorsement provided in official's individual capacity.  Judicial Ethics Advisory Opinion 2006-21 (Election).

Judge running for re-election limited in using favorable remarks from juror questionnaires in campaign literature.  Judicial Ethics Advisory Opinion 2006-20 (Election).

Ethically impermissible for judge to attend political function sponsored by political party, even merely as spectator.   Judicial Ethics Advisory Opinion 2006-19 (Election).

Not unethical for judicial candidate to respond to questionnaires seeking candidate's views on certain political issues and recent court decisions.  Judicial Ethics Advisory Opinion 2006-18 (Election).

Judicial Ethics Advisory Committee opines on questions presented by sitting magistrate who is running for judicial position.  Judicial Ethics Advisory Opinion 2006-16 (Election).

Judicial candidate may not attend "round up" sponsored by political party women's group, where candidates are not invited to speak.  Judicial Ethics Advisory Opinion 2006-15 (Election).

Judge's campaign ad may include family photo with spouse who is also a judge, but spouse may not accompany judge to campaign appearances.  Judicial Ethics Advisory Opinion 2006-13 (Election).

Judge may not authorize placement of sign for partisan political candidate on property or auto owned by judge and judge's spouse.  Judicial Ethics Advisory Opinion 2006-11.

Person who "pre-qualifies" for judicial race is "candidate" and thus may not serve as advisory to political party or accept party's help in gathering petition signatures.  Judicial Ethics Advisory Opinion 2006-08.

Florida Supreme Court amends Judicial Code Canon 7 on public statements by judicial candidates concerning pending cases.  Amendment to Code of Judicial Conduct, Canon 7 (Political Activity), 897 So.2d 1262 (Fla. 2005).

Improper endorsement for judicial candidate to attend church services with incumbent judge and be introduced as incumbent's "friend and guest."  Judicial Ethics Advisory Opinion 2004-30 (Election).

Judicial candidate's letter seeking information about incumbent's health would be "campaign literature" and thus not subject to advisory opinion.  Judicial Ethics Advisory Opinion 2004-25.

Judge ethically precluded from commenting on reasons for ruling on motion by election opponent, or on opponent's conduct in case, where case is pending before judge.  Judicial Ethics Advisory Opinion 2004-19 (Election).

Unopposed judicial election candidate may attend and speak at political party club meetings, within bounds of Canon 7.  Florida Judicial Ethics Advisory Committee Opinion 2004-11 (Election).

Judicial candidate may not directly or indirectly seek political party's endorsement, but may comment on disputed legal or political issues with appropriate qualifying language.  Florida Judicial Advisory Opinion 2004-09 (Election).

Judge publicly reprimanded for participation in partisan political events in violation of Florida law and Code of Judicial Conduct.  Inquiry Concerning a Judge, re: Carven D. Angel, 867 So.2d 379 (Fla. 2004).  NOTE:  The Court’s opinion did not address the constitutionality of the restrictions on a campaigning judge’s activity that are contained in Fla. Stat. sec. 105.071 and Florida Code of Judicial Conduct Canon 7.  The Court, however, previously indicated that the decision in Republican Party of Minnesota v. White, 536 U.S. 765 (2002) did not affect the validity of Florida's Canon 7.  Inquiry Concerning a Judge, re: Patricia Kinsey, 842 So.2d 77 (Fla. 2003).  Additionally, the Court’s Judicial Ethics Advisory Committee has declined to address the constitutionality of the Code because doing so would be beyond its authority.  See Florida Judicial Ethics Advisory Opinion 2003-13.

Circuit judge running for re-election may not solicit lawyers for public or financial support despite Weaver v. Bonner.  Florida Judicial Ethics Advisory Opinion 2004-07 (Election).