February 9, 1993

Opinion 93-11
Canons 1, 2
Psychological test for Judicial Nominating Commission

Dear Judge

You state that you are applying for a vacant judicial position on your local court. Your judicial nominating commission has requested that you complete a questionnaire entitled "Singer-Taub Judicial Inventory" - a psychological test.

Further, you believe the completed questionnaire will be utilized as a screening device for members of the commission and will be maintained as a public record with all questions and answers available for public review and publication. You have reviewed the questions in the "judicial inventory" and you are concerned whether you will violate the Code of Judicial Conduct if you answer the questions.

Subsequently, this Committee has learned that your judicial nominating commission has withdrawn this psychological test.

Therefore, the majority of the Committee believes that your inquiry is moot ant no response from the Committee is appropriate.

Three members opined your inquiry is more a legal, civil rights or public policy question and not an ethical question.

Two members questioned whether the test results might undermine the independence of the judiciary and undermine the public's confidence in the judiciary in violation of Canons 1 and 2.

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, Levy, Dell, Doughtie, Goldstein, Rushing and Clarke, Esq.

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