July 12, 1993

Opinion 93-44
(Canon 3 - Serve one-week assignment as pro tem judge in State of Colorado

Re: Committee on Standard of Conduct Governing Judges. Your inquiry dated June 7, 1993

Dear Judge

You have written our committee for an opinion concerning accepting a one-week assignment to serve as judge pro tem in the State of Colorado. This would be done on vacation time and would not interfere with your judicial responsibilities in the State of Florida. The members of our committee responding find this creates no ethical problems. Three judges suggest that you should be alerted to our Constitutional prohibition against dual-office holding.

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).

Very truly yours,

Nath C. Doughtie, Chairman
Committee on Standards of Conduct Governing Judges

NCD/pds

cc: All Committee Members
Office of State Court Administrator (name of Judge deleted from this copy)

Participating members: Judges Doughtie, Farina, Green, Kahn, Patterson, Rushing Tolton and Edwards, Esq.