October 5, 1988
PERSONAL AND CONFIDENTIAL
Personal letter of recommendation;
Completion of Fla. Bd. of Bar Examiners' form
Re: Committee on Standards of Conduct Governing Judges
Your inquiry dated July 21, 1998
In your communication you have posed two questions
1. May you prepare a letter of recommendation on behalf of a disbarred attorney who is seeking re-admission to the Bar; and
2. May you complete and return a questionnaire received from the Florida
Board of Bar Examiners in connection with the disbarred attorney's effort
to gain re-admission to the Bar.
In response to the first question, the Committee concurs in the view that Canon 2B prohibits a personal letter of recommendation tendered on behalf of a disbarred attorney. I have appended opinions 75/6, 82/15 and 86/10.
In answer the second question a majority of the Committee has determined that you are permitted to complete the form presented by the Florida Board of Bar Examiners. I have enclosed opinions 82/15 and 75/22.
I trust you will find the foregoing adequate. In the event the Committee can be of further assistance to you, please do not hesitate to communicate with me.
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).
Richard H. Frank, Chairman
Committee on Standards of Conduct Governing Judges
cc: All Committee Members
Participating Members: Judges Booth, Dell, Frank, Goldstein, Green, Shutter, Tolton and Attorney Page
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. Walter K. Stapleton, 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