November 3, 1987
In your letter of September 2, 1987, you stated that you have recently been appointed to the felony division of your circuit, after previously serving in the civil division. During a felony trial you may encounter a problem on a specific legal issue and you wish the committee's opinion as to whether it is proper for you to contact and receive advice concerning your problem from one of your fellow judges.
Nine of ten members of the committee responded to your inquiry and unanimously agreed that the answer to your inquiry is that you may seek the advice of your fellow judges.
The commentary on Canon 3A (4) is as follows:
The proscription against communications concerning a proceeding includes communications from lawyers, law teachers, and other persons who are not participants in the proceeding, except to the limited extent permitted. It does not preclude a judge from consulting with other judges, or with court personnel whose function is to aid the judge in carrying out his adjudicative responsibilities.
The committee is expressly charged with rendering advisory opinions interpreting the application of the Code of Judicial Conduct to specific circumstances confronting or affecting a judge or judicial candidate. Its opinions are advisory to the inquiring party, to the Judicial Qualifications Commission and to the judiciary at large. Conduct that is consistent with an advisory opinion issued by the committee may be evidence of good faith on the part of the judge, but the Judicial Qualifications Commission is not bound by the interpretive opinions issued by the committee. Petition of the Committee on Standards of Conduct for Judges 327 So2d 5 (Fla. 1976).
We appreciate your inquiry and trust that the foregoing information will be of some assistance to you.
Very truly yours,
George W. Tedder, Jr.
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