Florida Supreme Court amends Florida Rules of Judicial Administration concerning judicial disqualification motions  [Added 7/15/08]

    Responding to a proposal from the Florida Bar Rules of Judicial Administration Committee, the Florida Supreme Court has amended the Rules.  One of the amendments is to Fla.R.Jud.Admin. 2.330(c) ("Disqualification of Trial Judges; Motion").  The Court's opinion stated that this amendment "adds the requirement that a motion to disqualify a trial judge 'include the dates of all previously granted motions to disqualify filed under this rule in the case and the dates of the orders granting those motions.'  Putting a successor judge on notice that a prior judge has been disqualified will help to ensure the proper standard is applied to successive motions.  See Fla.R.Jud.Admin. 2.330(g) (providing that if a judge has been previously disqualified, the successor judge may rule on the truth or the facts alleged in support of a successive motion by the same party and shall not be disqualified unless the successor judge rules that he or she is in fact not fair or impartial in the case)."  In re: Amendments to the Florida Rules of Judicial Administration, ___ So.2d ___ (Fla., No. SC08-135, 7/10/2008), 2008 WL 2679171.

Florida Supreme Court extends provisions of Code of Judicial Conduct to non-judge candidates for judicial office  [Added 7/6/08]

    The Judicial Ethics Advisory Committee petitioned the Florida Supreme Court to amend provisions of the Florida Code of Judicial Conduct.  The petition grew out of a request by the Court that the Committee examine the issue of whether additional provisions of Canon 3 should apply to non-judge judicial candidates as well as to judge candidates.  (In 2005 the Court had amended Canon 7A(3)(d) in order "to extend existing restrictions on a judge's comments with regard to pending or impending cases, set forth in Canon 3B(9), to non-judge judicial candidates."  See In re Amendment to Code of Judicial Conduct, Canon 7 (Political Activity), 897 So.2d 1262 (Fla. 2005).)

    The Court granted the petition and amended Canon 7 in two respects.  "The requirements of current Canon 3B(2)1 are incorporated into Canon 7A, applicable to judicial candidates, through the addition of new subdivision (3)(a) stating that a judicial candidate 'shall be faithful to the law and maintain professional competence in it, and shall not be swayed by partisan interests, public clamor, or fear of criticism.'  Similarly, the requirements of current Canon 3B(11)2 are extended to all judicial candidates through new subdivision (3)(e)(iv) of Canon 7A, prohibiting judicial candidates from commending or criticizing jurors for their verdict, 'other than in a court pleading, filing, or hearing in which the candidate represents a party in the proceeding in which the verdict was rendered.'"

The amendments were effective immediately upon issuance of the court's opinion.  The text of the amended provisions is set forth below.

In a concurring opinion joined by Justice Bell, Justice Cantero expressed concerns about the constitutionality of new Canon 7A(3)(e)(iv) because it "addresses a candidate's content-based speech and may therefore violate the First Amendment."  In re: Amendment to the Code of Judicial Conduct – Amendments to Canon 7, ___ So.2d ___ (Fla., No. SC07-1133, 7/3/2008).

B. – F. [No Change]

Florida Supreme Court amends Code of Judicial Conduct, expanding judges' ability to ethically participate in fundraising activities  [Added 6/25/08]

    Spurred in part by changes to the ABA Model Code of Judicial Conduct, the Florida Supreme Court has amended portions of the Florida Code of Judicial Conduct regarding judges' participation in fundraising activities.

    In response to a request from the Court, the Judicial Ethics Advisory Committee had recommended no changes to the Florida Code of Judicial Conduct.  The Committee presented an alternative amendment in the event that the Court elected to make changes to the Code.  The Court adopted the Committee's alternative proposal and amended Canons 4 and 5 of the Code.  "The amended provisions maintain the current Florida Code’s prohibitions on direct solicitation of funds by judges, but carve out a limited exception for judges’ participation in certain fundraising activities, so long as participation in such activities is consistent with other provisions of the Code."  Specific amendments include:

-- "Canons 4A and 5A are amended to add language from the revised ABA Code which (1) requires a judge to conduct all quasi-judicial activities and extrajudicial activities so that they do not undermine the judge’s independence, integrity, or impartiality; and (2) prohibits a judge from engaging in quasi-judicial or extrajudicial activities that would lead to frequent disqualification or appear coercive."

-- "Canon 4D(2) is amended to permit a judge to 'speak at, receive an award or other recognition at, be featured on the program of, and permit the judge’s title to be used in conjunction with an event of [an organization or governmental entity devoted to the improvement of the law, the legal system, the judicial branch, or the administration of justice].'  However, if the event serves a fundraising purpose, the judge may participate 'only if the event concerns the law, the legal system, or the administration of justice.'"

-- Commentary added to Canon 4D(2) "cautions that judges 'may not participate in or allow their titles to be used in connection with fund-raising activities on behalf of an organization engaging in advocacy if such participation would cast doubt on the judge’s capacity to act impartially as a judge.'"

-- Commentary added to Canon 5C(3)(b) "confirms that mere attendance at an event, fundraising or not, does not constitute a violation of the Code. It also clarifies that it is permissible for a judge to 'pass a collection plate at a place of worship or serve as an usher or food server or preparer, or to perform similar subsidiary and unadvertised functions at fund-raising events sponsored by educational, religious, charitable, fraternal, or civic organizations,' as long as it does not involve direct or personal solicitation.  This commentary is intended to rule out judges’ participation in activities like serving as a 'celebrity waiter,' while allowing them to participate as a food server or cashier for a school hot dog roast or similar activity."

    The amendments were effectively immediately upon issuance of the Court's opinion.  In re: Amendments to the Code of Judicial Conduct - Limitations on Judges' Participation in Fundraising Activities, ___ So.2d ___, 33 Fla.L.Weekly S328 (Fla., No. SC07-1135, 5/22/2008), 2008 WL 2130265.

ABA APPROVES CHANGES TO MODEL CODE OF JUDICIAL CONDUCT  [Added 3/12/07]

    At its meeting on February 12, 2007, the American Bar Association House of Delegates approved changes to the ABA Model Code of Judicial Conduct.  More than 3 years of work by the ABA Joint Commission to Evaluate the Model Code of Judicial Conduct resulted in recommended amendments that were considered by the House of Delegates.

    The revised Code employs a new format, with Canons now followed by black-letter Rules.  Notably, the revised Code includes a requirement that judges avoid both impropriety and the "appearance of impropriety."  For informational and comparative purposes, the revised Code is accompanied by helpful "Reporters' Explanation of Changes."

    To view the ABA Model Code of Judicial Conduct as revised February 12, 2007, click here.  To view background information on the changes and the process that led to them, click here.

Florida Code of Judicial Conduct amended to conform to 2003 revisions to ABA Model Code.  [Added 1/5/05]

    The Florida Supreme Court has amended the Florida Code of Judicial Conduct to conform to the 2003 revisions to the American Bar Association Model Code of Judicial Conduct.  The Court had asked the Judicial Ethics Advisory Committee to study the matter, and adopted the recommendations submitted by the Committee.

    Amended were Canons 2, 3, and 7, as well as the "Definitions" and "Application" sections.  The amendments primarily relate to the impartiality of a judge with respect to matters that might come before him or her, and most deal with public comments that a judge or candidate might make that could affect impartiality or the appearance of impartiality.  Key amendments are summarized below.

    Definitions.  The terms "impartial" and "impartiality" are now included in the "Definitions" section of the Code.  They denote "absence of bias or prejudice in favor of, or against, particular parties or classes of parties, as well as maintaining an open mind in considering issues that may come before the judge."

    Commentary to Canon 2A.  Adds "the restrictions on judicial speech imposed by Sections 3B(9) and (10)" [concerning making statements that might be or be viewed as partial or unfair] as examples of restrictions on a judge's conduct that might be necessary to protect the "integrity, impartiality, and independence of the judiciary."  Related language has been added to the Commentary to Canon 3B.

    Canon 3B.  Subsection (10) now states:  "A judge shall not, with respect to parties or classes of parties, cases, controversies or issues likely to come before the court, make pledges, promises or commitments that are inconsistent with the impartial performance of the adjudicative duties of the office."

    Canon 3E.  Adds a provision stating that a judge should disqualify himself or herself in situations where "the judge, while a judge or a candidate for judicial office, has made a public statement that commits, or appears to commit, the judge with respect to:  (i) parties or classes of parties in the proceeding; (ii) an issue in the proceeding; or (iii) the controversy in the proceeding."

    Canon 7A.  Revises the provision concerning public promises or commitments by judicial candidates to state that a candidate for judicial office shall not "with respect to parties or classes of parties, cases, controversies, or issues that are likely to come before the court, make pledges, promises, or commitments that are inconsistent with the impartial performance of the adjudicative duties of the office."

    "Application" section.  Changes references to "magistrates" to "civil traffic infraction hearing officers."

In re: Amendment to Code of Judicial Conduct - American Bar Association's Model Code of Judicial Conduct, 918 So.2d 949 (Fla. 2006).

Fla.R.Jud.Admin. 2.060 amended to prohibit all full-time court employees from practicing law while so employed.  In re: Amendments to the Rules of Judicial Administration (Two-Year Cycle), 915 So.2d 157 (Fla. 2005).

Supreme Court amends Code of Judicial Conduct and other rules governing Senior Judges who also serve as mediators.  In re: Report of the Alternative Dispute Resolution Rules and Policy Committee on Senior Judges as Mediators, 915 So.2d 145 (Fla. 2005).

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).