Ethics Of Sitting Judge Seeking TV Judge Gig
A recent opinion of the Florida Judicial Ethics Advisory Committee
Opinion Number: 2019-02
Date of Issue: January 14, 2019
1. May a sitting judge film a pilot for a law-related television show?
ANSWER: Yes, as long as doing so does not cast reasonable doubt on the judge’s capacity to act impartially, demean the judicial office, or interfere with the proper performance of judicial duties.
2. May a sitting judge participate in the taping of a television pilot if the same is being filmed in another state, and accept compensation and travel reimbursement?
ANSWER: Yes, keeping in mind annual ethics disclosure requirements of compensation and/or gifts received by sitting judges.
3. May a sitting judge participate as the television judge and remain on the bench if an offer is extended by the producers of the television show?
ANSWER: No.
The inquiring judge has been invited to audition for a television pilot. The proposed television show will feature a judge who presides over pro se civil cases. The litigants agree to have their small claims cases resolved by the television show’s presiding judge. The pilot and series will be taped and produced outside of Florida. The pilot will only be viewed by television executives and not made public. Auditioning for the one pilot would not contractually bind the inquiring judge. An offer of compensation and reimbursement for travel expenses for filming the pilot was extended. If, after reviewing the pilot, the television executives extend an offer to the inquiring judge, this would open the door for further negotiations, including compensation arrangements with the producer of the show. The inquiring judge asks whether he/she can audition for the pilot, accept payment and travel reimbursement; and if offered the television judge role, whether he/she may also remain on the judicial bench.
After a lengthy discussion
On the questions related to the television pilot, the Committee finds that a one-time, private audition outside of Florida and receipt of related compensation and reimbursement for travel expenses would not be prohibited. The Committee recommends however, the following if the inquiring judge elects to film the pilot: 1) to carefully consider the eight questions above as events unfold with producer of the show; 2) at all times conduct herself/himself so as to not demean the judicial office or cast reasonable doubt on her/his capacity to act impartially; 3) schedule the pilot on a week-end or when it will not adversely impact or conflict with the judge’s docket or impose on other colleagues to avoid interference with the proper performance of judicial duties; and 4) to comply with annual ethics disclosure requirements of compensation and/or gifts received by sitting judges. Of course, pursuant to Canon 1, the inquiring judge must at all times maintain high standards of conduct so that the integrity of the judiciary is preserved.
If the producer of the show extends an offer, the Florida Code of Judicial Conduct would prevent the inquiring judge from entering into the proposed arrangement for compensation, while also serving as a sitting judge. The proposed arrangement would lend judicial prestige to the commercial interests of the producer in violation of Canon 2B; the activity could involve improper public comment upon a pending or impending proceeding in violation of Canon 3B; and the activity would cast reasonable doubt on the judge’s capacity to act impartially as a judge, demean the judicial office, and interfere with the proper performance of judicial duties in violation of Canons 4 and 5.
(Mike Frisch)