New Florida Judicial Ethics Opinions
The Florida Judicial Ethics Advisory Committee has issued several new opinions
Opinion Number: 2020-18
Date of Issue: July 13, 2020
May a judge or group of judges sign a proposed resolution urging that all judges remain vigilant in their continued efforts to keep racial bias out of the justice system? May the group of judges submit the resolution to the chief judge of their circuit and to the Florida Supreme Court for consideration?
ANSWER: Yes, to both questions.
A group of judges has been meeting together recently and participating in a “dialogue on race.” As a result of their dialogue, the members have prepared and would like to sign a document referred to as a resolution on race and equal justice.
The judges intend to present the resolution to the chief judge of their circuit and ask him or her consider it, and are also contemplating submitting it to the Florida Supreme Court for consideration…
The language of the proposed resolution urges that all judges remain vigilant in their efforts to ensure that our justice system operates without racial bias within our justice system expresses a valid concern of both judges and litigants and seeks to remind each of us to be aware of the need to conduct ourselves in a manner that would encourage confidence on the part of all persons in the fairness of the judicial system. The Committee finds that it is acceptable to voice a commitment or sign a resolution that says all judges should treat all litigants fairly and equally without regard to race, creed, color, national origin, sexual preference, gender, etc. etc. and take steps to ensure that this goal of equality is achieved. However, judges should not voice a commitment or sign a resolution that may lead to any litigants having any justification for questioning a judge’s impartiality.
A judge may purchase a raffle ticket to a charity auction.
As to writing a book
Opinion Number: 2020-21
Date of Issue: August 11, 2020
1. May a judge write and publish a biography of a noted attorney?
ANSWER: Yes. As long as the book does not cast reasonable doubt on the judge’s capacity to act impartially as a judge, demean the office, or interfere with judicial duties.
2. May such a work of non-fiction include accounts of criminal events and judicial decisions that may reflect negatively on the judicial system in place at the time of the events?
ANSWER: Yes. As long as the recounting of said historical events does not cast reasonable doubt on the judge’s capacity to act as a judge, demean the office, or interfere with judicial duties.
3. May a judge post the release date of the book on Facebook or other social media?
ANSWER: Yes.
4. May the judge who is the author participate in book promotions and speaking engagements about the book in Florida or other states?
ANSWER: Yes, as long as such events comply with the Canons including the avoidance of intermingling promotion activities with the responsibilities of a judge and/or demeaning the prestige of the judiciary.
The bio
The inquiring judge wishes to publish a biography of a notable criminal attorney who handled a number of high-profile cases, primarily in California, during a career that spanned several decades ending in the late 1960s. The subject attorney is no longer alive. The contents of the book will recount the career of the attorney and the facts surrounding some of his celebrated cases as well as the resulting trials. While the events chronicled in the book took place several decades ago, some accounts will likely cast a few of the judicial decisions in a negative light. The book will refrain from expressing opinions on those decisions beyond what is documented in the historical record. The judge further plans to promote the book on social media and with selected book signings and speaking engagements.
(Mike Frisch)