Petition of Committee on Standards of Conduct for Judges, 48796

Citation327 So.2d 5
Decision Date03 February 1976
Docket NumberNo. 48796,48796
PartiesPetition of the COMMITTEE ON STANDARDS OF CONDUCT FOR JUDGES.
CourtUnited States State Supreme Court of Florida

BY THE COURT.

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 6. No judge on the Committee shall participate in any matter before the Committee in which he has a direct or indirect interest.

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...

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11 cases
  • American Civil Liberties Union v. The Florida Bar
    • United States
    • U.S. Court of Appeals — Eleventh Circuit
    • 2 Septiembre 1993
    ...opinions to inquiring judges concerning the propriety of contemplated judicial or non-judicial conduct." Petition of Comm. on Standards of Conduct for Judges, 327 So.2d 5 (Fla.1976). At approximately the same time that Schack was inquiring of the propriety of his proposed campaign conduct, ......
  • Zeller v. The Florida Bar
    • United States
    • U.S. District Court — Northern District of Florida
    • 17 Abril 1995
    ...opinions to inquiring judges concerning the propriety of contemplated judicial or non-judicial conduct." Petition of the Comm. on Standards of Conduct for Judges, 327 So.2d 5 (Fla.1976). 4 Plaintiffs also assert that the solicitation restriction invidiously discriminates against challengers......
  • Socialist Workers Party v. Leahy
    • United States
    • U.S. Court of Appeals — Eleventh Circuit
    • 7 Julio 1998
    ...opinions to inquiring judges concerning the propriety of contemplated judicial or non-judicial conduct." Petition of Comm. on Standards of Conduct for Judges, 327 So.2d 5 (Fla.1976).6 Nor, as counsel for the Secretary suggested at oral argument, would a future Secretary of State be preclude......
  • Florida Family Policy Council v. Freeman
    • United States
    • U.S. Court of Appeals — Eleventh Circuit
    • 6 Marzo 2009
    ...to inquiring judges concerning the propriety of contemplated judicial and non-judicial conduct." Petition of Comm. on Standards of Conduct for Judges, 327 So.2d 5, 5 (Fla.1976). The Ethics Committee's advisory opinions do not bind the JQC. Id. However, at its discretion the JQC may consider......
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1 books & journal articles

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