Judge May Attend Diversity Seminar

The Florida Judicial Ethics Advisory Committee opines

Opinion Number: 2017-10
Date of Issue: May 16, 2017

May a judge attend a private organization’s seminar, that is neither court nor bar association sponsored, regarding diversity and racial equality at the judge’s own expense?

ANSWER: Yes.

The inquiring judge has been invited to attend a seminar that will focus on diversity and racial equality and will pay the seminar fee personally. The seminar is presented by a private organization and is not sponsored by any court or bar association. Because the JEAC members saw no ethical issues presented by attending such a seminar, we inquired further of the judge. The inquiring judge wanted to ensure that attendance at this seminar would not be viewed as the judge being partial.

As we recently noted, diversity training is mandatory for judges, and participation in programs is typically permitted and encouraged. Fla. JEAC Op. 17-04see also Fla. JEAC Op. 03-01 (stating that judge may serve in leadership role on nonpartisan board to improve community race relations); Fla. JEAC Op. 93-22 (stating that a judge may participate in group project called “Help Stamp Out Hate” that was intended to promote positive intergroup relations, greater intergroup understandings, and included a cross section of religions, races, and ethnicities). The inquiring judge is aware of Canon 3B(2), which requires judges to be faithful to the law, and Canon 3B(5), which requires judges to perform judicial duties without bias or prejudice and prohibits manifesting favorable or unfavorable racial, ethnic, religious, or other bias or prejudice by words or conduct. Because the JEAC does not evaluate seminars or speakers, each judge must determine whether the seminar he or she wishes to attend is appropriate.

(Mike Frisch)