Campaigning Judges

The Judicial Ethics Advisory Committee of the Florida Supreme Court has issued an opinion on ethical issues that are implicated when a lawyer who is on the judge’s campaign committee appears before that judge in a criminal matter. The opinion addresses the following questions:

“ISSUE I

Whether a judge should disclose to the state when a criminal defense attorney appearing before the judge is currently on the judge’s campaign committee.

ANSWER: Yes.

ISSUE II

Whether a judge should disqualify himself or herself when a criminal defense attorney appearing before the judge is currently on the judge’s campaign committee.

ANSWER: Not necessarily.

ISSUE III

If disqualification is required, whether disqualification extends to other members of the defense attorney’s law firm.

ANSWER: Yes. “

(Mike Frisch)