Foreward As Forearmed
The Florida Judicial Ethics Advisory Committee opines
Opinion Number: 2020-11
Date of Issue: May 8, 2020
Whether a judge may write a foreword to a memoir written by a family member.
ANSWER: Yes.
A family member of the inquiring judge asked the judge to write a foreword for the family member’s memoir. The foreword will not state that the judge is a judge. The memoir will be self-published through an online publishing company and will be available for sale on commercial websites.
Reasoning
First, they stated the judge should, and we suggest must, “maintain editorial control over the content of the foreword and should retain the right to review any biographical information that may be published in connection with the book even though in this case his/her official title will not appear in the book.” Similarly, in a prior opinion we discussed the need to maintain editorial control even after submission of a writing. See Fla. JEAC Ops. 12-34. Additionally, as with the Connecticut opinion, the inquiring judge stated that the foreword and memoir will not identify the inquiring judge as a judge. If it did our answer may be different. In that situation, it could be considered using the prestige of judicial office to promote another’s private interests, contrary to Canon 2B.
Second, they stated the judge must “review the entire contents of the book and satisfy him/herself that authoring a foreword to the book would not cast doubt on his/her impartiality in future cases or reflect a predisposition with respect to particular cases or issues or regarding any party or witness that may appear before the Judicial Official.”
Third, they suggested the judge must, at a minimum, disclose the relationship if the author appears as a party in a judicial proceeding before the judge.
If the judge satisfies these three conditions, and those we stated in prior opinions about judicial authors, the judge may write a foreword to a book. Of course, the judge must be mindful of the Florida Code of Judicial Conduct when doing so.
Another recent opinion
Opinion Number: 2020-12
Date of Issue: May 8, 2020
May a judge submit a letter to a law school on behalf of a student explaining unique family circumstances of which the judge has knowledge so that the student can maintain his financial aid?
ANSWER: Yes.
If the judge is permitted to write the letter, may it be done on judicial letterhead?
ANSWER: Yes.
The inquiring judge was previously in private practice. During that time the judge represented a woman in family law proceedings that involved the woman’s husband and father of her son. Because of this representation, the judge has personal knowledge that husband/father became estranged from the family and his whereabouts are currently all but unknown. The son is now attending law school but to maintain his financial aid the school requires detailed information from both parents. Although the situation regarding the father has been explained to the school by the family, they still require letters from “objective” individuals outside the family confirming the father’s absence. The judge has been asked by the family to write such a letter to the law school so that the financial aid can continue.
Reasoning
While this situation cannot be said to be a letter of personal “recommendation,” it is comparable in that the judge will be sharing personal knowledge of an individual’s situation in order to assist that person in some endeavor not related to a judicial or administrative proceeding. For this reason we find no prohibition under the Canons that would prevent the judge from using judicial letterhead to respond to a request for information about a student’s predicament related to financial aid as long as it is based on personal knowledge. Further, the inquiring judge may write that letter to the school on judicial letterhead.
(Mike Frisch)