One Last Sentencing

The inquirer is an assistant state attorney who has recently been appointed to the County Court.  The attorney has been the lead attorney on a homicide case that has been tried to verdict.  The inquiring appointee asks whether he/she will be able to handle the sentencing hearing in the case on December 1, which will occur prior to commencing their judicial service on December 4.

Discussion

JEAC Op. 1974-13 is directly on point.  In that opinion, the Committee determined that a circuit judge-elect could continue to act as an assistant state attorney in the trial of cases in the Circuit Court until he assumed office as circuit judge.  Other opinions have determined that attorneys elected or appointed to judicial office may continue to practice before courts of the circuit where that attorney is to preside, prior to being sworn in.  See Fla. JEAC Ops. 1984-21, 2000-39 and 1988-29. The Committee has previouslyrecognized that many newly selected judges leave an active law practice prior to their appointment or election to the bench.  It would, therefore, be impractical for the Code to prohibit the newly selected judge from handling any cases between the date of the selection and the date of the judge’s taking office.  JEAC Op. 2005-08.

As such, the Committee is of the opinion that the newly appointed judge may continue to practice law and attend the sentencing hearing prior to the commencement of their judicial service.

(Mike Frisch)