September 3, 1987
Opinion No. 87/12
Canon 2(B) and 5(C)(1), (2)
The Committee responds to your communication in which you pose three questions:
1. Can you ethically be a shareholder and/or member of the board of directors
corporation designed to provide assistance to first time cocaine users.
2. Is your wife permitted to be a shareholder and/or member of the board
of directors by
reason of your status.
3. Is your status ethically affected if a family member invests in the enterprise.
Because of the presence of the words "invest" and "enterprise" in the third question, the Committee has assumed that profit is among the corporation's purposes. If that assumption is correct, it is our opinion that your participation in the corporation and its activities is barred by Canon 2(B) and 5(C)(1) and (2). The mere likelihood that you may encounter a matter terminating in referral to the corporation is sufficient to foreclose you from becoming a shareholder or a member of the corporations's board of directors.
Finally, in the event your wife becomes a shareholder in the corporation
or a member of its board of directors, and other family members "invest
in this enterprise," we signal Canon 3, subparts (C)(2) and (3) to
Richard H. Frank
Vice Chairman, Committee on
Standards of Conduct Governing Judges
cc: All Committee Members
Participating members: Judges Blanchard, Booth, Dell, Frank, Goldstein,
Green, Shutter, Tedder, Turner 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