September 3, 1987

Opinion No. 87/10

Dear Judge

I have canvassed the Committee in connection with the inquiry set forth in your letter dated April 30, 1987. The consensus is that membership in the Rotary is not barred by the Florida Supreme Court's Code of Judicial Conduct notwithstanding that Canon 2 of the American Bar Association's Code of Conduct condemns "membership in any organization that practices invidious discrimination on the basis of race, sex, religion or national origin." Three members of the Committee have suggested that your questions are moot in light of Board of Directors of Rotary International v. Rotary Club of Duarte, 107 S.Ct. 1940, 55 U.S.L.W. 4606 (S.Ct. May 4, 1987).

The second question you have posed is whether you may serve as a director of a local Rotary Club. You noted in your communication that you tentatively accepted that position with the understanding that you would not participate in the Club's fund-raising activities. With that understanding, the Committee's opinion is that you may serve as a director.

Finally, I have enclosed a copy of Opinion No. 85/15.

Cordially yours,



Richard H. Frank
Vice Chairman

cc: All Committee Members

Participating members: Judges Blanchard, Booth, Dell, Frank, Goldstein,
Green, Shutter, Tedder and Attorney F. Shields McManus

All reference to the inquiring judge is deleted from the copies sent to the following individuals.

Mr. Sid White, Clerk of the Supreme Court of Florida
Linda Yates, Managing Editor, The Florida Bar Journal
Brooke S. Kennerly, Executive Director, Judicial Qualifications Commission.
Hon. Howard T. Markey, Chairman, Ethics Advisory Panel of the Judicial Conference of the United States .
Jeffrey M. Shaman, Esquire, Director, Center for Judicial Conduct Organizations
Ms. Jean Underhill, Librarian, Broward County Law Library
Mr. Robert Wallace, Librarian, Dade County Law Library
Mr. Brian Polley, Librarian, Supreme Court of Florida