Opinion 80-11

July 31, 1980

Dear Judge:

Your letter of July 2, 1980, inquires as to whether you, a candidate for County Judge, must resign as Chairman of the Governor's _____________ Advisory Committee during the time of your race for that judgship (sic). It is the understanding of the Committee that the purpose of the _________ County Advisory Committee is to advise the Governor on appointments to be made in ________ County.

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 Committee, at the present time, divided on this point. However, and subject to the question concerning the Committees authority to respond, the majority of the Committee advises you of their view that the committee you describe is of a partisan political nature, and your continued participation during the campaign (sic) proscribed by Florida Statutes §105.071.

We regret the delay in responding to your inquiry, and the fact that you have had one tentative and a different final opinion, and hope that you have not been unduly inconvenienced.

With all best wishes,

Sincerely truly,

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

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, Richardson, Stephenson, Turner and Samuel Powers, Attorney