January 4, 1993

Opinion 92-46
Canon 5A
Avocational activities

Dear Judge

You have inquired whether there is any conflict or appearance of impropriety for you to perform as a soloist on the clarinet before musical societies and private gatherings. You state you do not receive any fees for your performances which are not associated with fund raising.

The Committee unanimously agrees that you may engage in this proposed activity. Canon 5A clearly states that you may engage in the arts if such an avocational activity does not distract from the dignity of your office or interfere with the performance of your judicial duties. The Committee does not find the activity to be undignified or offensive.

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,

Harvey Goldstein, Chairman
Committee on Standards of Conduct Governing Judges

JT/mc

cc: All Committee Members

Participating members: Judges Tolton, Green, Booth, Dell, Doughtie, Goldstein, Farina, Rushing and Clarke, Esq.

Office of State Court Administrator, Legal Affairs &Education