Opinion 80-10

July 31, 1980

Dear Judge:

Your letter of July 15, 1980, inquires if you, a candidate for Judge of the County Court, may have campaign brochures printed which include a picture of you in your judicial robe and taken during your tenure as a City Judge in 1975-76. You specify that the picture would not be placed so as to mislead the public, would not be on the front of the brochure and would be clearly labeled as to office and dates when you served.

It is clear that you, as a candidate for judicial office, are subject to the Code of Judicial Ethics. It is not clear, however, that this Committee can respond to anyone other than an incumbent judge. The members of the Committee are divided on this point. However, subject to the question concerning the Committees authority to respond, the majority of the Committee have expressed the view that, provided you adhere to the qualifications you make in your letter as to the manner in which the picture would be printed and used, its use does not violate the Canons.

With all best wishes,

Sincerely truly,

Anne C. Booth, Acting Chairman
Committee on Standards of Conduct Governing Judges

ACB/pb
cc: All Committee Members
Sid White, Clerk of the Supreme Court
William C. Clark, Chairman, Florida Judicial Qualifications Commission
Linda H. Yates, Managing Editor, Florida Bar Journal
Hon. Howard T. Markey, Chairman, Ethics Advisory Panel of the Judicial Conference of the U.S.
All references to the inquiring judge deleted

Participating members: Booth, Carlisle, Haverfield, Hewitt, Letts, O'Connell, Richardson, Stephenson, Turner and Samuel Powers, Attorney