December 14, 1990

Opinion No. 90/27
Canons 2 and 5

You inquire as to whether your participation in a fund raising cancer charitable arrangement with Winn Dixie Stores is contrary to Canons 2 and 5 of the Code of Judicial Conduct. Winn Dixie Stores has agreed to contribute 5% of sales during the period you act as a celebrity bag person.

A majority of responding committee members believe this activity is proscribed by the aforementioned canons, primarily because your highly visible participation will be perceived as a cause for direct generation of revenue. One committee member does not agree that this activity is prohibited unless "Winn Dixie were to list Judge X as one of the celebrities."

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, Dell, 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