August 22, 1990

Opinion No. 90/20
Canon 5B(2)

You inquire with respect to your participation as guest of honor at an annual non-fund raising dinner of an institution. You are vice president of this charitably funded institution, and while you do no fund raising on your own, it is anticipated that patrons may purchase journal advertisements dedicated to you as guest of honor.

Distribution of the advertisement journal is one of the main institutional fund raising activities for the year. In summary, you are to be guest of honor at a non-fund raising event, however, your presence and participation will enhance an associated fund raising activity.

Nine members of the committee responded to your inquiry. Of this number, eight committee members believe your proposed activity is in opposition to Canon 5B(2), which provides as follows:

"A judge should not solicit funds for any educational, religious, charitable, fraternal, or civic organization, or use or permit the use of the prestige of his office for that purpose, but he may be listed as an officer, director, or trustee or such an organization. He should not be a speaker or the guest of honor at an organization's fund raising events, but he may attend such events."

One committee member disagrees with the above result and sees no unethical behavior in this activity.

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).

With regards, I remain
Yours very truly,

Oliver L. Green, Chairman
Committee on Standards of Conduct Governing Judges

cc: All Committee Members

Participating Members: Judges Green, Tolton, Goldstein, Booth, Doughtie,Frank, Shutter and Clarke, Esquire.

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
Judson Orrick, 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 .
Deborah Solomon, American Judicature Society
Ms. Jean Underhill, Librarian, Broward County Law Library
Mr. Robert Wallace, Librarian, Dade County Law Library
Mr. Brian Polley, Librarian, Supreme Court of Florida
Mr. Richard Kuhn, Court Administrator, Lee County
Hon. Thomas H . Barkdull , Jr ., Third District Court of Appeal
Lynda Glyman, Center for Professional Responsibility, American Bar Association