March 3, 1986

Opinion No. 86/3

You inquire as to whether you can individually protest the rezoning of property near your home, and/or whether you can actively participate with others similarly situated. You also want to know whether there are any restrictions on your wife doing all of the aforementioned.

The following opinions may have relevance to this inquiry:


Opinion 84/1
Opinion 81/7
Opinion 81/10
Opinion 77/19
Opinion 76/19

You, as a retired judge, having complied with the procedures established by the Supreme Court of Florida so as to be eligible for recall to judicial service, are bound by the Canons (See Canon 7C - Code of Judicial Conduct).

The committee unanimously agrees that you and your wife may individually protest, provided you do not draw upon the influence of your office. Further, you and your wife may join with others, so long as you do so without drawing upon the influence of your office. You and your wife may likewise pursue individually, or join as participants, a legal action which might arise from the protest.

The members generally agree that you should pay careful attention so that you do not continue your informal group association in the event such activities develop into an unseemly debate. It is perceived that in such an informal setting, matters over which you have limited control could get out of hand with some resultant embarrassment to you. (See Canons 2B and 5B(1).)

Two members caution that you should recuse yourself on any cases involving parties who have a direct interest in the zoning dispute.


With regards, sincerely,

Oliver L. Green, Jr.
Chairman