October 15, 1991

Opinion No. 91-15
Canons 2, 3, 4, 5, &6

Participation in radio talk show

You have asked whether you may produce and broadcast a weekly radio show on divorce and family law for pay. You mention you will not give personal legal advice or comment on any pending case, and the program will be aired by the station as a public service.

The committee of 10 members was evenly divided on your request, and therefore a majority position is not available. Those members who responded negatively most often felt such undertaking would exploit your judicial position. See Canon 5(C)(1). Those who answered your inquiry affirmatively did so with hesitation, finding it almost impossible to avoid the hazards of giving legal advice or avoiding commentary on a pending case.

Based on the above, your request cannot be answered in the affirmative.

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,

Jere Tolton, Chairman
Committee on Standards of Conduct Governing Judges

cc: All Committee Members

Participating Members: Judges Green, Tolton, Booth, Dell, Doughtie,Frank, Goldstein, Farina, Rushing 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 .
Cynthia Grey,Director, American Judicature Society
Ms. Jean Underhill, Librarian, Broward County Law Library
Mr. Robert Wallace, Librarian, Dade County Law Library
Ms. Joan D. Cannon, Librarian, Supreme Court of Florida
William D. Wilkinson, Court Administrator, Lee County
Hon. Thomas H . Barkdull , Jr ., Third District Court of Appeal
Lynda Glyman, Esq. Center for Professional Responsibility, American Bar Association
Office of the State Courts Administrator, Legal Affairs & Education
Hon. Charles McClure, Chief Judge, Second Judicial Circuit