July 6, 1992
Opinion No. 92-25
Ethical conduct of Appeals Referees
You inquire whether an appeals referee with the State Department of Labor and Employment Security is governed by the Florida Code of Judicial Conduct. Reference is made to the compliance section of the Code, which mandates compliance by anyone, whether or not a lawyer, who is an officer of a judicial system, performing judicial functions.
The committee members unanimously agreed you are not governed by the Code. They reasoned that since your employment is pursuant to Chapter 120 of the Florida Statutes, and since Chapter 120 excludes courts from its application, you are not an officer of a judicial system. Instead, your conduct is governed, as is the conduct of all State hearing officers, by Chapter 112 of the Florida Statutes.
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 Tolton, Green, Levy, Booth, Dell, Doughtie, Goldstein, Farina, Rushing and Clarke, Esq.
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
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
Hon. Charles McClure, Chief Judge, Second Judicial Circuit
Office of State Court Administrator, Legal Affairs &Education