PETITION OF THE COMMITTEE ON STANDARDS OF CONDUCT FOR JUDGES
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The Florida Supreme Court established a Committee on Standards of Conduct for Judges to provide advisory opinions to judges regarding the propriety of their contemplated judicial and non-judicial conduct. The Court prescribed the Committee's composition, procedures, and authority, clarifying that its opinions are advisory only and do not bind the Judicial Qualifications Commission.
The Court established a ten-member Committee to render written advisory opinions on the propriety of contemplated judicial and non-judicial conduct. All opinions are advisory only and do not bind the Judicial Qualifications Commission, though the Commission may consider them as evidence of good faith compliance with the Code of Judicial Conduct if facts are identical.
[1] A Committee on Standards of Conduct Governing Judges is established to render written advisory opinions to judges concerning the propriety of contemplated judicial and no…
[2] Members of the Committee on Standards of Conduct Governing Judges are selected by their respective court conferences and The Florida Bar's Board of Governors.
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Join FLexlaw to unlock all legal intelligence“The purpose of the Committee shall be to render written advisory opinions to inquiring judges concerning the propriety of contemplated judicial and non-judicial conduct.”
Establishes the primary function and scope of the Committee's authority
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Join FLexlaw to unlock all legal intelligenceThe Court exercised its constitutional authority under Article V, sections 2(b) and 15 of the Florida Constitution to create an institutional mechanis…
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Pursuant to the authority conferred in Article V, sections 2(b) and 15, Fla.Const., there is created a Committee on Standards of Conduct Governing Judges, to be composed of three district court of appeal judges, four circuit judges, two county court judges, and one practicing member of The Florida Bar. The purpose of the Committee shall be to render written advisory opinions to inquiring judges concerning the propriety of contemplated judicial and non-judicial conduct.
1. The judges on the Committee shall be selected by their respective court conferences. The Bar member shall be selected by The Florida Bar’s Board of Governors.
2. The members of the Committee shall elect a chairman and a vice-chairman, and each shall serve for a term of one calendar year. A majority vote of all of the members of the Committee shall be required to elect the chairman and vice-chairman.
3. The chairman shall advise each of the chief judges of the several circuits as to the duties and obligations of the Committee, and he shall preside at all meetings. The vice-chairman shall preside in the absence of the chairman and exercise all powers delegated to him by the chairman.
4. A quorum for the transaction of any committee business, whether in a meeting or by circulated writing, shall be six members of the Committee. A majority of the members shall be required to concur in any advisory opinion issued by the Committee.
5. The Committee shall render advisory opinions to inquiring judges relating to the propriety of contemplated judicial and non-judicial conduct, but all opinions shall be advisory in nature only. No opinion shall bind the Judicial Qualifications Commission in any proceeding properly before that body. An opinion of the Committee may, however, in the discretion of the Commission, be considered' as evidence of a good faith effort to comply with the Code of Judicial Conduct; provided that no opinion issued to one judge or justice shall be authority for the conduct, or evidence of good faith, of another judge or justice unless the underlying facts are identical. All opinions rendered by the Committee shall be in writing, and a copy of each opinion, together with the request therefor, shall be filed with the Clerk of the Supreme Court and with the chairman of the Judicial Qualifications Commission. All references to the name of the requesting judge shall be deleted.
6. No judge on the Committee shall participate in any matter before the Committee in which he has a direct or indirect interest.
7. Any determination of the propriety or impropriety of particular conduct by the Judicial Qualifications Commission shall supersede any conflicting opinion of the Committee.
8. Opinions of the Committee may be published, and compiled, by The Florida Bar. ADKINS, C. J., and ROBERTS, BOYD, OVERTON, ENGLAND, SUND-BERG and HATCHETT, JJ., concur. SUPPLEMENTAL ORDER
Supplementing our order creating a Committee on Standards of Conduct Governing Judges, we direct that the present members of such committee, who previously were appointed by their respective judicial conferences and the Board of Governors of The Florida Bar, shall serve until their successors are duly selected by their representative organizations.
It is so ordered.
ADKINS, C. J., and ROBERTS, BOYD, OVERTON, ENGLAND, SUNDBERG and HATCHETT, JJ., concur.
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Petition of the Comm. on Standards of Conduct for Judges, 367 So. 2d 625 (Fla. 1979)…sals and recommendations relating to the Code of Judicial Conduct. ENGLAND, C. J., and BOYD, OVER-TON, SUNDBERG, HATCHETT and ALDERMAN, JJ., concur. . Art. V, §§ 2(b), 15, Fla.Const. . Petition of the Committee on Standards of Conduct for Judges, 327 So. 2d 5, 5 (Fla.1976).…
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Sands Pointe Ocean Beach Resort Condo. Ass'n, Inc. v. Aelion, 251 So. 3d 950 (Fla. 3d DCA 2018)…f Judicial Ethics and Judicial Ethics Advisory Opinions In 1976, the precursor to Florida's Judicial Ethics Advisory Committee ("JEAC") was established by the Supreme Court of Florida in Petition of the Committee on Standards of Conduct for Judges, 327 So. 2d 5 (Fla. 1976). JEAC's current name was approved by the Supreme Court of Florida in 1997. As the foundational opinion states: The Committee shall render advisory opinions to inquiring judges relating to the propriety of contemplated judicial and non-…
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Petition of the Comm. on Standards of Conduct Governing Judges, 698 So. 2d 834 (Fla. 1997)…PER CURIAM. The Committee on Standards of Conduct Governing Judges (Committee) has requested certain amendments to the Committee’s enabling authority as established in Petition of Committee on Standards of Conduct for Judges, 327 So. 2d 5 (Fla.1976), and amended in Petition of Committee on Standards, etc., 367 So. 2d 625 (Fla.1979). The Committee requests that its name be changed to Judicial Ethics Advisory Committee, which is more descriptive of the Committee’s duties. The Committe…
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