Robeless Photo OK When Judge Supports Spouse’s Judicial Candidacy

A recent opinion of the Florida Judicial Ethics Advisory Committee

ISSUE

May a judicial candidate who is married to a judge utilize the judge’s photograph in campaign advertising?

ANSWER: Yes, so long as the judge’s position is not identified and the advertising does not imply that the judge actively endorses the spouse’s candidacy.

Reasoning

We conclude that this situation falls squarely within two previous opinions of this Committee, Florida Judicial Ethics Advisory Committee Opinions 06-13 and 07-13. The latter opinion was issued at the behest of a judge whose spouse was running for office but would apply equally to judicial candidates who are not incumbents. These opinions do emphasize the extremely limited role appropriate for the judicial spouse. For example, the advertisements must not imply that the judge actively endorses the spouse’s candidacy, and the judge must not attend campaign functions with the spouse.

In this case, the Committee’s opinion is based upon the fact that the inquiring judge makes clear that the spouse/judge will not in any way be identified as a judge, either by appearing in a robe in the photograph or by having the judge’s name included in the material.