I Could Write A Book
A recent opinion of the Florida Judicial Ethics Advisory Committee
Opinion Number: 2019-18
Date of Issue: May 28, 2019
ISSUES
1. May a judge write a book that touches on matters related to family court, mental health and warning signs?
ANSWER:
Yes. So long as the book does not cast reasonable doubt on the judge’s capacity to act impartially as a judge; demean the judicial office; or interfere with the proper performance of judicial duties.
2. May a judge actively promote the book?
ANSWER:
Yes. So long as the judge does not use the prestige of office to promote the book and neither the judge, the judicial assistant, nor a member of the judge’s family sells the book to any member of the Bar.
FACTS
The inquiring judge has for years sat on the family law bench and for years prior to that practiced in the area of family law. The judge recently closely observed a sensational criminal case that grew out of divorce proceedings in the judge’s jurisdiction. The case called into question the mental health of the defendant who was accused of a violent attack on a spouse. The judge believes mental health issues contributed to the criminal episode. The judge is interested in writing a book about family law courts and the sometimes-associated mental health issues. Specifically, the judge wants to discuss the “warning signs” that judges and litigants should be concerned about.
Cautionary tale
When writing or promoting a book, a judge must take precautions to make certain the judge does not intermingle the writing, promotion or sale of the book with court related obligations. We offer, as a cautionary tale, In re Hawkins, 151 So.3d 1200 (Fla. 2014). In In re Hawkins, Judge Hawkins operated a private business from which she sold religious themed items among them a book she authored. Id. at 1203. The supreme court found violations of several of the Canons because “clear and convincing evidence demonstrated that [Judge Hawkins] regularly used court resources, including the services of her judicial assistant, [to conduct the judge’s private] business at work and during working hours.” Id. at 1212. The evidence included lawyers and other court personnel purchasing the book at the courthouse. Id. Additionally,speaking engagements for the private business were coordinated using the judge’s work phone, work computer and were handled by her judicial assistant. Id. Judge Hawkins linked the sale of her business products to her judicial office by appearing on the business website wearing the judge’s judicial robe, exploiting the judge’s judicial position for personal gain. Id.
In sum, we agree the judge may promote and sell the judge’s book. However, the judge must not allow the promotion of the book to demean the judge’s office or call into question the judge’s impartiality. Additionally, neither the judge, the judge’s assistant, nor any member of the judge’s family may sell the book to members of the bar.2 The form of advertisement or promotion chosen by the judge or the judge’s publisher must not be presented in ways that: (1) cast reasonable doubt on the judge’s capacity to act impartially as a judge; (2) undermine the judge’s independence, integrity, or impartiality; (3) demean the judicial office; (4) interfere with the proper performance of judicial duties; (5) lead to frequent disqualification of the judge; or (6) appear to a reasonable person to be coercive. Fla. Code Jud. Conduct, Canons 4A, 5A.
(Mike Frisch)