May 19, 1994

(Opinion 94-19
(CANON 5G
(Appointment to City Council's
(Advisory Commission on Alcohol
(and Tobacco


PERSONAL AND CONFIDENTIAL

RE: Committee on Standards of Conduct Governing Judges
Your inquiry dated March 31, 1994

Dear Judge

You have requested an opinion from our committee concerning appointment to the City Council's Advisory Commission on Alcohol and Tobacco. The city ordinance establishing this Council states that the Commission shall act in an advisory capacity concerning legislation relating to alcohol and tobacco.

All Committee members responding are of the opinion that it would be a clear violation of Canon 5G for you to accept appointment to this Commission. That Canon provides that a judge should not accept appointment to a governmental committee or other position that is concerned with issues of fact or policy or matters other than the improvement of the law, legal system or the administration of justice.

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 So.2d 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 the Courts Administrator (name of judge deleted from this copy)

Participating members: Judges Dell, Doughtie, Farina , Goldstein, Green, Patterson , Rushing, Taylor, Tolton and Edwards, Esq.