June 16, 1994

(Opinion 94-23
(Should a candidate resign from
(Nominating Committe of Florida
(Public Service Commission


RE: Committee on Standards of Conduct Governing Judges
Your inquiry dated May 4, 1994


As a candidate for circuit judge, you wish to know whether you need to resign from the Nominating Council of the Florida Public Service Commission. This is a non-salaried position and you were appoiinted by the President of the Senate. All of our committee members feel that there is no ethical impropriety in you remaining a member of the Council while you are a candidate. You stated that you would refrain from active participation during your candidacy.

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


cc: All Committee Members
Office of the Courts Administrator (name of judge deleted from this copy)

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