Judge may not serve as trustee or executor for out-of-state friend, even where it is unlikely that any legal proceedings would occur in Florida  [Added 2/26/08]

    A long-time friend who resides out of state asked Judge to serve as a trustee of the friend's trust and executor of the friend's estate.  Judge asked the Florida Supreme Court's Judicial Ethics Advisory Committee whether this would be ethically permissible.  The Committee answered in the negative.

    Canon 5E(1) of the Florida Code of Judicial Conduct states:  "A judge shall not serve as executor, administrator or other personal representative, trustee, guardian, attorney in fact or other fiduciary, except for the estate, trust or person of a member of the judge's family, and then only if such service will not interfere with the proper performance of judicial duties."  Noting that it "has consistently interpreted [Canon 5E(1)] to prohibit a judge from serving in a fiduciary capacity for a non-family member," the Committee concluded that there was no exception even where it was unlikely that any legal proceedings would occur in Florida.  Judicial Ethics Advisory Opinion 2008-05 (February 15, 2008).

Judge may not be advisory board member for internet company offering divorce-related information, but may write article to be published on company's website  [Added 1/2/08]

    Judge was offered an opportunity to accept a position "as an advisory board member of a startup internet company, ostensibly for profit, that will provide information to people who are contemplating, going through, or concluding a divorce."  The company "would not sell legal services nor give legal advice, but it would provide information about where one can go to find a lawyer, the appropriate forms at the clerk’s office, a child support calculator, online support groups and chat rooms, psychologists, and counselors."  Judge's name or status as a judge would not be disseminated to the public.

    In response to an inquiry from Judge, the Florida Supreme Court's Judicial concluded that it would be ethically improper for Judge to serve on the company's advisory board.  Canon 5C(3) of the Florida Code of Judicial Conduct "directs that '[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' unless the organization likely will be engaged in proceedings that would come before the judge or engaged frequently in adversary proceedings in the court of which the judge is a member or has appellate jurisdiction.  [Emphasis supplied.]  However, Canon 5D(3) prohibits a judge from serving at all as an officer, director, manager, general partner, advisor, or employee of any business entity, with limited exceptions not applicable to this inquiry.  Thus, the judge may not serve as an advisory board member of the organization, with or without compensation."  The Committee also noted that Canon 2B prohibits even a judge's "tacit endorsement" of a business.

    The Committee, however, did conclude that it would be ethically permissible for Judge to write an informative article that would appear on the company's website.  The Committee previously approved "judges writing newspaper columns about the courts or the law which contribute to the improvement of the legal system and the administration of justice" (citing Opinions 99-14, 95-37, and 77-21) and noted that a judge's "commercial writing is permitted generally" (citing Opinions 76-17, 78-12, and 82-05).  "The fact that the proposed publication would be digital rather than ink is of no material consequence."  The Committee concluded:  "[T]he Inquiring Judge may write an informative article about the divorce process to be published on the internet company’s divorce information website, so long as the judge’s article is educational in nature and does not imply the judge’s endorsement of any products, persons, services, or materials.  The judge may receive compensation for the article, subject to the guidelines set forth in Canon 6."  Judicial Ethics Advisory Opinion 2007-21 (December 18, 2007).

Unethical for judge to attend and speak at partisan ladies group luncheon  [Added 1/2/08]

    Judge was invited to attend a partisan ladies group monthly luncheon and address the group "on how to expedite permanent placement for children in foster care on their way to adoption."  Judge asked the Florida Supreme Court's Judicial Ethics Advisory Committee whether this would be ethically permissible.  The Committee answered in the negative.

    Although Canon 4B of the Florida Code of Judicial Conduct encourages judges to speak, write, and participate in other quasi-judicial activities concerning the law and the administration of justice, such activities remain subject to the strictures of Canon 7 concerning political activity.  Canon 7A(1)(d) generally prohibits judges from attending political party functions.  The Committee assumed that the partisan ladies group extending the invitation to Judge was a political party affiliate and noted that in its Opinion 98-14 "the Committee opined that judges are ethically precluded from appearing before partisan groups, even for educational purposes and again in JEAC Opinion 97-30, the Committee concluded that a judge may not speak to an organized political partisan group at any location . . . even if the subject matter of the speech is the judicial system."  The Committee summarized:  "While the Inquiring Judge's desire to educate all citizens on the issue of permanency for children in foster care is to be commended, the Committee concludes that, with exceptions for judicial candidates not pertinent here, judges are prohibited from addressing partisan groups regardless of the subject matter."  Judicial Ethics Advisory Opinion 2007-20 (December 14, 2007).

Judge may not solicit businesses for donations of gift certificates to be given to juveniles on probation as rewards for good behavior.  [Added 12/14/07]  --  Judicial Ethics Advisory Opinion 2007-18.

Judge serving on local canvassing board ethically may accept offer from supervisor of elections to pay for out-of-town workshop.  [Added 10/10/2007]  --  Judicial Ethics Opinion 2007-15.

Senior judge may not advertise mediation services in ads targeted at non-lawyers, even if ad does not indicate that senior judge served on the bench.  [Added 8/15/07]  --  Judicial Ethics Advisory Opinion 2007-12.

Ethically permissible for judge to speak at CLE seminar sponsored by private organization, receive honorarium, and allow organization to use judge's photo and bio in seminar advertising.  [Added 5/11/07]  --  Judicial Ethics Advisory Opinion 2007-09.

Impermissible for judge to accept position on board of trustees of branch campus of state university.  [Added 5/3/07]  --  Judicial Ethics Advisory Opinion 2007-08.

Judge may write letter recommending former staff attorney for public service fellowship.  [Added 4/23/07]  --  Judicial Ethics Advisory Opinion 2007-06.

Ethically permissible for judge to accept appointment to constitutional taxation and budget reform commission.   [Added 3/1/07]  --  Judicial Ethics Advisory Opinion 2007-03.

Unethical for judge to join Florida Highway Patrol Auxiliary, even in purely administrative capacity.  Judicial Ethics Advisory Opinion 2006-29.

Permissible for judge to speak to community groups about dangers of online predators.  Judicial Ethics Advisory Opinion 2006-30.

Judicial Ethics Advisory Committee opines on newly-elected judge's continued service in various extra-judicial activities and posts.  Judicial Ethics Advisory Opinion 2006-28.

Ethically permissible for judge to serve on county's affordable housing advisory board and county's public policy institute that appoints members to housing board.  Judicial Ethics Advisory Opinion 2006-23.

Not unethical for judge to participate in panel discussion on underage drinking sponsored by MADD chapter.  Judicial Ethics Advisory Committee Opinion 2006-17.

Judge who prosecuted murder cases while assistant state attorney may, but is not required to, meet with current state attorney to discuss claims made by defendant in Rule 3.850 motion.  Judicial Ethics Advisory Committee Opinion 2006-12.

Judge may not allow former law firm to publish congratulatory announcements in Bar News or in letters to clients.  Judicial Ethics Advisory Opinion 2006-10.

Judge who formerly practiced with legal services organization may not place congratulatory message in ad for organization's anniversary luncheon.  Judicial Ethics Advisory Opinion 2006-09.

Permissible for judge sitting on charity's "advisory board of directors" to allow name and title to be listed on charity's letterhead.  Judicial Ethics Advisory Opinion 2006-05.

Improper for judge who sat on arbitration panel before taking bench to talk with parties and their lawyers about arbitration decision.  Judicial Ethics Advisory Opinion 2006-07.

Unethical for judge to serve on committee that helps select nominees to U.S. military academies.  Judicial Ethics Advisory Opinion 2006-04.

Senior judge subject to recall may write articles for newspaper but may not own or be employee of paper.  Judicial Ethics Advisory Opinion 2006-02.

Judge may not discuss former clients' cases with their new lawyers (except when it would not constitute practice of law).  Judicial Ethics Advisory Committee Opinion 2005-19.

Improper for judge to run in marathon sponsored by charitable organization unless it is not fundraiser and no attention is called to judge's participation.  Judicial Ethics Advisory Opinion 2005-14.

Judge may attend legal seminars sponsored by criminal defense lawyers association or equivalent prosecutors' group.  Judicial Ethics Advisory Committee Opinion 2005-13.

Judge may not narrate video to be used in fundraising effort for historic courtroom restoration.  Judicial Ethics Advisory Committee Opinion 2005-12

County court judge may teach in police academy at local community college.  Judicial Ethics Advisory Committee Opinion 2005-11.

Senior Judge may not testify as expert witness on receiver's fees.  Judicial Ethics Advisory Opinion 2005-10.

Upon assuming bench judge should close trust account because continuing to operate it for outstanding disbursements is ethically prohibited.  Judicial Ethics Advisory Opinion 2005-08.

Judge may work at fund-raising school concession stand, but not as cashier.  Judicial Ethics Advisory Committee Opinion 2005-07.

Judge may not serve as guardian of person for child who is not member of judge's family.  Judicial Ethics Advisory Opinion 2005-03.

Judge-elect retained as expert witness prior to election should not testify in matter even pursuant to subpoena.  Judicial Ethics Advisory Opinion 2004-37.

Unethical for judge to dress as Santa Claus to help collect money for Salvation Army.  Judicial Ethics Advisory Opinion 2004-36.

Judge may not prepare affidavit regarding character of lawyer in Bar disciplinary proceeding, even pursuant to subpoena duces tecum.  Judicial Ethics Advisory Opinion 2004-22.

Subject to Canon 7, judicial candidate may provide responses to questions for publication in connection with newspaper opinion survey.  Judicial Ethics Advisory Opinion 2004-24 (Election).

First cousin of judge's spouse is not "family member" to whom judge ethically may give legal advice.  Judicial Ethics Advisory Committee Opinion 2004-15.