May 14, 1986

Opinion No. 86/10
Re: Canon 2B

You inquire as to under what circumstances you may appear on behalf of a suspended Florida Bar member who is seeking reinstatement. You have little or no knowledge of this past member with respect to his standing as an attorney.

Canon 2B of the Code of Judicial Conduct provides that "a judge should not testify voluntarily as a character witness." We note that the Florida Bar has subpoena power under Integration Rule, Article XI, Rule 11.13.

All members agree that you may respond to an official inquiry or request from the Florida Bar, whereas you cannot do so with respect to an inquiry or request from the past member. You may also respond to a subpoena issued for the aforementioned purposes.

The following Opinions have relevance to this question. Opinions: 82/15, 86/2, 79/3, 77/10, 77/17, 75/18, 75/8, 75/10, 75/6, 75/22. Opinions 82/15, 77/10, 75/6, and 75/22 are most pertinent.

With regards,

Sincerely,

Oliver L. Green, Jr.
Chairman