November 10, 1988

PERSONAL AND CONFIDENTIAL


Opinion 88/27

Bidding at public or private sale
Canon 2

Re: Committee on Standards of Conduct Governing Judges
Your inquiry dated September 20, 1998

Dear Judge


The Committee has considered the question of whether you may bid upon and purchase an automobile at a public or private sale conducted in connection with an estate. It appears from you inquiry that you do not serve in your court's probate division. You have indicated you awareness of Opinion 76/5.

The Committee is unanimous in its view that you are free to bid for and purchase an automobile at a public or private sale from an estate so long as you are not assigned to the handling of probate matters.

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).


Cordially yours,

Richard H. Frank, Chairman
Committee on Standards of Conduct Governing Judges

RHF/jf
cc: All Committee Members

Participating Members: Judges Booth, Dell, Frank, Goldstein, Green, Levy, 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