January 2, 1996
PERSONAL AND CONFIDENTIAL
Judge on Board of Federal Credit Union
In re: Committee on Standards of Conduct Governing Judges
Your Inquiry Dated November 13, 1995
You ask whether you may continue to serve as a director of the MacDill Federal Credit Union (MFCU), a not-for-profit financial institution. The MFCU is clearly a business entity, regardless of its not-for-profit nature. It engages in savings, loans, and other financial activities. Canon 5D(3) specifically prohibits a judge from serving as a director on the board of such an entity. Ten of the ten responding committee members believe that you should resign your board position.
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 judges, but the Judicial Qualifications Commission is not bound by the interpretive opinions by the Committee. Petition of the Committee on Standards of Conduct Governing Judges, 327 So.2d 5 (Fla. 1976).
Very Truly Yours,
Oliver L. Green, Jr., Chairman
Committee on Standards of Conduct
CC: All Committee Members
Office of the State Courts Administrator
(Name of judge deleted from this copy)
Participating Members:Judges Cardonne Dell, Doughtie, Green, C. Kahn, L. Kahn,Patterson, Rushing, Silverman and Tolton