Florida Supreme Court amends rules governing mediator advertising and marketing practices.  [Added 4/2/10]

    The Florida Supreme Court approved amendments to the rules governing mediator advertising and marketing practices.  The court's opinion described the changes to Rule 10.610 of the Florida Rules for Certified and Court Appointed Mediators:  "Subdivision (a) incorporates text from the current rule with only minor revisions.  This subdivision generally precludes the use of any false or misleading marketing practices.  Subdivision (b) prohibits a mediator from engaging in any marketing practice that identifies the mediator as 'Supreme Court Certified,' unless such practice also identifies one or more specific areas in which the mediator is certified.  Similarly, under subdivision (c), mediators are prohibited from engaging in a marketing practice that advertises the mediator as 'certified,' unless the mediator obtained such certification through successful completion of an established certification process and the advertisement clearly identifies the entity issuing the certification.  Subdivision (d) provides that advertising or marketing materials will be deemed 'misleading' if the mediator states or implies that prior adjudicative experience makes one a better or more-qualified mediator.  Subdivision (e), like subdivision (a), incorporates language taken without change from the existing rule.  It states that mediators shall be prohibited from engaging in marketing practices that promise clients specific results or outcomes.  Finally, subdivision (f) precludes a mediator from engaging in any other marketing practice that 'diminishes the importance of a party’s right to self-determination or the impartiality of the mediator, or that demeans the dignity of the mediation process or the judicial system'."

    The Court also explained its new Commentary to the rule:  "The Commentary explains that a former judge serving as a mediator must not use the prestige of the judicial office to advance his or her private interests.  The mediator may not appear in judicial robes in an advertisement for his or her mediation services; the mediator also may not use the title 'judge' with or without modifiers to the mediator’s name in any advertisement.  Indeed, the use of the title judge in any marketing practice, including, but not limited to, letterhead and business cards, is inappropriate.  However, an accurate representation of the mediator’s judicial experience in references to background and experience in bios and resumés would not be inappropriate."

    The revisions are effective immediately.  In re: Amendments to the Florida Rules for Certified and Court-Appointed Mediators, 32 So.3d 611 (Fla. 2010).

Judicial Ethics Advisory Committee considers changes to procedures governing judicial disqualification motions.  [Added 3/18/10]

    A subcommittee of the Florida Supreme Court's Judicial Ethics Advisory Committee is considering possible changes to the procedures governing judicial disqualification motions.  One idea being examined is having the judge who is the subject of the motion to disqualify him or her rule only on the motion's facial sufficiency and having a second judge who would rule on the substance of the underlying reasons offered in the motion.

    For more information, click here to read an article in the March 15, 2010, issue of the Florida Bar News.

Florida Supreme Court amends Florida Rules of Judicial Administration concerning judicial disqualification motions.  [Added 7/15/08]  --  In re: Amendments to the Florida Rules of Judicial Administration, 986 So.2d 560 (Fla. 2008).

Florida Supreme Court extends provisions of Code of Judicial Conduct to non-judge candidates for judicial office.  [Added 7/6/08]  --  In re: Amendment to the Code of Judicial Conduct – Amendments to Canon 7, 985 So.2d 1073 (Fla. 2008).

Florida Supreme Court amends Code of Judicial Conduct, expanding judges' ability to ethically participate in fundraising activities.  [Added 6/25/08]  --  In re: Amendments to the Code of Judicial Conduct - Limitations on Judges' Participation in Fundraising Activities, 983 So.2d 550 (Fla. 2008).

ABA approves changes to Model Code of Judicial Conduct.  [Added 3/12/07]  --  On February 12, 2007, the ABA 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.  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).