Florida Judges May Attend Inauguration
An opinion from the Florida Judicial Ethics Advisory Committee
1. May a judge attend the 2017 Presidential Inauguration?
ANSWER: Yes, as long as no funds are paid to a partisan political organization.
2. May a judge attend the Florida Inaugural Ball being hosted by the Florida State Society?
ANSWER: Yes, as long as no funds are paid to a partisan political organization and attendance is not limited to members of one partisan political party.
The Committee believes that mere attendance at any particular presidential inauguration does not violate Canon 7. Attendance at a presidential inauguration does not amount to a public endorsement or an implicit statement of support for a candidate for public office or a particular political party. Nor does it constitute attendance at a political party function. Rather, a presidential inauguration is open to members of all political persuasions; it is a national celebration for the entire country. See Fla.JEAC Op. 12-03 n.3. Indeed, it is implicit in the intended peaceful transition of power in this country that citizens of all political persuasions accept the election of the prevailing candidate. Celebration of the election of any presidential candidate should not therefore be deemed to be inappropriate political activity, even after a campaign season marked by robust and divisive partisan political activity.
In making arrangements for and attending the inauguration, however, the judge should be careful not to otherwise violate Canon 7 or any other provision of the Code. For example, the judge may not make payments to a political organization in order to obtain premium seating at the inauguration. Simply put, the judge must at all times avoid inappropriate political activity or the appearance of impropriety, and shall uphold the integrity and independence of the judiciary. Fla. Code. Jud. Conduct, Canons 1, 2, and 7.
With respect to attendance at the Florida Inaugural Ball, the same prohibitions apply. The judge states that the Florida Inaugural Ball is being hosted by the Florida State Society. The Committee has no reason to believe that the Florida State Society is a partisan political organization or that the Florida Inaugural Ball is a political party function. Ultimately however, it is the responsibility of the judge to make reasonable and sufficient inquiry to assure that any payment being made, either by the judge or on the judge’s behalf, to attend the Florida Inaugural Ball involves no funds being paid to a partisan political organization, and that attendance at the Ball is not limited to members of one partisan political party.
(Mike Frisch)