Canons

Fla. Code Jud. Conduct, Canon 7 A judge or candidate for judicial office shall refrain from inappropriate political activity.

Fla. Code Jud. Conduct, Canon 7A(1)(b) Except as otherwise authorized, a judge or candidate may not publicly endorse or publicly oppose another candidate for office.

Fla. Code Jud. Conduct, Canon 7A(3)(d) A judicial candidate shall not (i) make pledges or promises of conduct in office other than the faithful and impartial performance of judicial duties; (ii) make statements that commit or appear to commit the candidate with respect to matters likely to come before the court; or (iii) knowingly misrepresent the identity, qualifications, present position or other fact concerning the candidate or an opponent.

Fla. Code Jud. Conduct, Canon 7C(1) Candidates, including incumbent judges, for a position filled by a public election shall not personally solicit campaign funds or solicit attorneys for publicly stated support. However, the candidate may establish a committee for these purposes.

Fla. Code Jud. Conduct, Canon 7C(3) Candidates, including merit retention candidates with active opposition, may attend political party functions to speak on behalf of their candidacy or matters relating to the law, the legal system or the administration of justice. However, the function must not be a fundraiser, and other candidates for the office must be invited to speak. Also, the candidate must avoid any conduct suggesting support of or opposition to a political party, a political issue, or a candidate.

Fla. Code Jud. Conduct, Commentary to Canon 7C “Limited campaign activities” does not include such items as billboards, bumper stickers, media commercials, newspaper advertisements, or signs. However, informational brochures about merit retention; the law, legal system, or administration of justice; or neutral, factual biographical sketches of the candidates are acceptable.

Judge may appear in family photograph to be used in spouse’s political campaign so long as precautions are taken to guard against a violation of Canon 7, such as not mentioning the judge’s office and not featuring any specific endorsement.  7.

Judge seeking reelection may not include favorable remarks in campaign literature from questionnaires judge had passed out to jurors because questionnaire responses might well qualify as nonpublic information acquired in a judicial capacity, which judge is forbidden to disclose or use for any purpose not related to judicial duties.  3B(12).

Candidate who served as a general master, child support hearing officer, and magistrate may not use the term “magistrate” in literature because that term was not in use for a substantial part of the candidate’s service and could lead to inaccurate conclusions.  However, if the circuit in which the candidate served allowed magistrates to wear judicial robes, the candidate may utilize photographs of proceedings in which he or she wore the robe as a magistrate provided that the literature adequately emphasizes that the photograph is not intended to convey the impression that the candidate actually served as a judge.  The candidate may also use the word “preside” to describe the nature of his or her duties and employ the term “part-time law professor” to describe adjunct teaching duties as long as the law school refers to adjuncts as professors.  No canons cited.

Judge facing a contested election may include a family picture with spouse in campaign advertising even though the spouse is also a judge as long as the spouse is not identified as a judge and there is no indication that the spouse has endorsed the judge.  7A.

Judge running for reelection may reproduce recommendations or endorsements from newspapers in campaign literature provided the judge does not knowingly misrepresent the identity, qualifications, present position or other fact concerning himself or herself or an opponent. 7A(3)(d)(iii).

Judge may not leave campaign materials at political party headquarters, even where done on an equal basis with no additional campaigning and the offices are open to all candidates for display of materials. 7A, 7C(3).

Candidate for judge who uses same consultant as two other candidates may not mail his or her literature with that of the other candidates, even if a disclaimer card is enclosed stating that the candidates do not endorse one another. 2, 7A(1)(b) and 7A(3)(a).

Judicial candidate running against incumbent judge may state in campaign literature that candidate participated as a volunteer judge for teen court diversion program as long as candidate clearly indicates that service was voluntary. 7(A)(3)(d)(iii).

Judicial candidate who has not been invited to speak at an event may not stand outside of the event distributing literature. 7 and 7C(3)

Judicial candidates may publish information concerning their opponents’ business practices and dealings as contained in public records so long as the information is relevant to the qualifications for judicial office and it does not misrepresent the identity, qualifications, present position or other fact concerning the opponent.

Judicial candidate may not state “Elect Prosecutor (name of candidate) for Circuit Judge” in campaign literature because only the Statewide Prosecutor may rightfully be called a “prosecutor” and the term “prosecutor” indicates that the candidate may be disposed to a certain course of conduct in office. 7A(3)(d)(i)-(iii).

Where judge appointed by governor is opposed in judge’s first election campaign, judge may not use the term “re-elect” in campaign literature. However, the judge may use the word “retain.” 7A(3).

Judicial candidate may film advertisement in which candidate addresses a mock jury as if candidate were trying a case so long as the candidate scrupulously complies with the requirements of Canon 7, especially that the message portrayed by the commercial, as well as reasonable inferences that can be drawn from the commercial, be truthful and provide the public with reliable information concerning the candidate's identity, qualifications, and professional background. 7, 7A(3)(a), and 7A(3)(d)(iii).

Judicial candidate who has served as hearing officer and a special master may use the phrase “quasi-judicial experience” in campaign literature as long as the literature also includes the specific posts the candidate has held. 7A(3)(d)(iii).

While a judicial candidate is not prohibited from publishing an advertisement which states that incumbent opponent is already in a deferred retirement option program and that electing the candidate will not deprive the opponent of his or her retirement, such advertisement must not present any information out of context or incompletely, and it must otherwise comply with the dictates of Canon 7. 7, 7A(3)(a), and 7A(3)(d)(iii).

Judicial candidate may post newspaper articles and editorials regarding the judicial campaign on a campaign website. 7A(3).

Judicial candidate may not use website with an address indicating that the candidate is already a judge, even if a disclaimer appears on the website. 7A(3)(d)(iii).

Judge may publicize endorsement of an elected official, even if partisan, so long as that endorsement is personal and there is no indication that the judge and the official are campaigning as a team or part of a slate.  7.

Judge whose spouse intends to run for nonpartisan public office may not attend spouse’s meet and greet events because such attendance would be a clear and improper endorsement of another’s candidacy.  7A(1)(b).

Judicial candidate may advertise endorsement from a partisan office holder as long as the official is acting in a personal capacity; the official is not running for reelection; the partisan aspects of the official’s position are not mentioned; and the support is not from the official’s political party.  However, a judicial candidate may not accept an endorsement from a retired judge if that judge is eligible for recall.  5C(2); 5E; 5F; 6A; 7; 7A; 7A(1)(b); 7A(3)(c); 7B; Application of the Code of Judicial Conduct, Section B.

Judge may accept and advertise an endorsement from an elected partisan official acting in his or her personal capacity as long as the support is not from the official’s political party, the official is not running for reelection, the partisan aspects of the official’s position are not mentioned, and the advertising does not otherwise violate the Code.  The Committee declined to comment on any proposed types of advertising using the official.  7; Sections 105.09 and .071, Florida Statutes; In re Kay, 508 So. 2d 329 (Fla. 1987).

Judge may not authorize placement of a campaign sign supporting a partisan political candidate in the yard of a residence or on a vehicle the judge co-owns with his or her spouse; nor may the judge operate a vehicle displaying such a sign even if the vehicle is solely owned by his or her spouse.  Such activity would impermissibly convey the impression that the judge supports the candidate.  7A.

Candidate for judge may not be introduced to church congregation by incumbent judge as a candidate for office who is the incumbent’s friend and guest. 7A(1)(b) and 7E.

Judicial candidate may not respond in writing to request from political organization to state whether he or she would accept its endorsement, nor may candidate directly or indirectly take any affirmative action to obtain the endorsement of a major political party in the election process. 1, 2A, 7, 7A(3), 7A(3)(d)(i)-(ii), 7B(2), 7C(1), 7C(2), and 7C(3).

Traffic hearing officers are prohibited from endorsing judicial candidates because Canon 7(A) bars them from endorsing any candidate for office. Likewise, they may not make a financial contribution to any judicial candidate. 7A.

Retired judge who has removed his or her name from the list for senior judicial assignments may provide advice and financial contributions to his or her child’s judicial campaign because judge is not subject to recall and therefore not bound by Canon 7. 5C(2), 5E, 5F, 6A, 7, 7A, 7A(1)(b) and 7B.

Judicial candidate may not publicize the endorsement of a political party, even if that endorsement was given without inviting or interviewing any of the candidates. Section 105.071, Florida Statutes (1999), In re Alley, 699 So. 2d 1369 (Fla. 1997), and Concerned Democrats of Florida v. Reno, 458 F. Supp. 60 (S.D. Fla. 1978).

While a political party may support the candidacy of a judicial candidate, partisan politics should play no role whatsoever in the candidate’s conducting of his or her campaign. Judicial candidate may not respond in writing to request from political organization to state whether he or she would accept its endorsement, nor may candidate directly or indirectly take any affirmative action to obtain the endorsement of a major political party in the election process. 1, 2A, 7, 7A(3), 7A(3)(d)(i)-(ii), 7B(2), 7C(1), 7C(2), and 7C(3).

Judge who is not a candidate for re-election or retention may attend a community-sponsored, non-partisan event in order to socialize and listen to the candidates’ speeches if the event has broad-based sponsorship in which political parties play only a de minimis role.  In essence, the event must be fundamentally nonpartisan in nature.  However, the judge must take care to ensure that he or she does not appear to support any particular candidate through his or her attendance.  7; 7A(1)(b), (d); 7B(2); 7C(2), (3); 7D.

Even a judge not seeking election may not attend a function sponsored by a political party, notwithstanding that candidates from other parties are invited to participate, because mere presence could give rise to the appearance of support for the sponsoring party.  1, 2A, 7A(1)(d), 7B(2), 7C(2), 7C(3), 7D and Commentary to Canon 2A.

Judicial candidates may not attend a “candidate round up” sponsored by a local political party’s women’s federation where they are not invited to speak on behalf of their candidacies on matters relating to the law, the legal system, or the administration of justice.  7.

Judge facing a contested election may not appear at campaign events with spouse who is also a judge because face-to-face encounters with the public are likely to progress into discussions of the spouse’s judgeship.  7A.

Judicial candidate may attend a neighborhood meet-and-greet, even if it includes candidates for other offices but does not include judicial opponents, if meet-and-greet is given by private individuals, is not affiliated with any political party, and is not a fundraiser. 7A(1)(b) and 7C(3).

Candidate for open judicial office may not attend social function hosted by congressman where invitation indicates that function will be paid for out of congressman’s reelection funds. 7A(1) and 7C(3).

Judicial candidate may attend and speak at political functions as long as they are not fundraisers and other candidates are invited, even if the judicial candidate has no opposition. 7.

Judge running for re-election unopposed may speak to the League of Women Voters and the NAACP regarding adequate funding for the courts. 7A(1) and 7C(3)

Judicial candidate may attend and speak at function under a blanket invitation in political party newsletter inviting all judicial candidates to speak, even if the opponent is not present. Likewise, judicial candidate may attend, meet, speak and hand out literature at an event to which both the judicial candidate and the opponent are invited by a political party’s president, even if the opponent does not attend. However, a judicial candidate who is not invited to speak may not stand outside of the function and hand out literature. Also, the judicial candidate’s volunteer workers may not wear badges supporting the candidate at party functions or hand out literature unless the judicial candidate is authorized to be present under Canon 7. 7 and 7C(3)

Judicial candidate may not attend a fundraiser for an anti-discrimination political organization. 7.

candidates invited to speak at a political party meeting may arrive at a reasonable time prior to their speaking time, and they may distribute literature and speak with attendees subject to the restrictions of Canon 7. However, they may remain at the meeting only until their portion of the meeting is concluded, and they may not attend a political party meeting while the party is conducting party business. 7.

A judicial candidate may not be on the premises where a political party is holding a political meeting for the purpose of meeting and greeting delegates where the candidate, and others, have not been invited for the purpose of speaking on behalf of the candidacy. 7A(1)(d), 7B(2), 7C(2) and 7C(3).

Even where all judicial candidates have been invited, a judicial candidate may not attend a political party social gathering for the purpose of speaking with guests individually rather than addressing the entire gathering as a whole because Canon 7 authorizes such attendance only in connection with an “invitation to speak.” 7, 7C(3), and 7A(1)(d).

Candidate may attend, speak, and distribute literature at a non-fundraiser partisan political event to which the candidate’s opponent has been similarly invited. 7C(3).

Candidate may attend and distribute literature at a fundraiser for the National Rifle Association because the NRA is neither a “political party" nor a "political organization" as defined in Definitions of the Code of Judicial Conduct. No canons cited.

Judge running unapposed for re-election may attend a series of forums hosted by The National Hispanic Republican Assembly to which all candidates have been invited as long as the forums are not fund-raisers. 7C(3).

Judge running for reelection may use campaign funds to pay admission and table fees at meet-and-greet events if they are not fundraisers. 2B, 5C(3)(b) and 7C(3).

Judicial candidate may use campaign funds to attend county-wide, nonpartisan meet and greet event so long as the event has no fundraising component. Canon 7 and Section 105.071, Fla. Stat.

Circuit judge running for office may not directly solicit attorneys for public and financial support, nor may he or she distribute to attorneys at meetings in non- government buildings campaign materials soliciting a contribution and containing a return envelope. 1, 2A, 7, 7A(3), 7B(2), 7B(3), 7C(1), and7C(3).

Canon 7 applies to traffic hearing officers and bars them from making any financial contribution to a political candidate. 7

Judge may return surplus campaign funds pro rata to each contributor, even if those contributors include lawyers who may appear before the judge. Section 106.141(4)(a), Florida Statutes (1999).

Judicial candidate for appointment to judicial office who is also a candidate to election for judicial office may raise funds through a committee to support his or her election campaign. 7B(1) and 7C(1).

Judicial candidates may respond to questionnaires on such subjects as same-sex marriage, parental notification of abortion, and whether the candidate agrees with certain court decisions, so long as (1) the candidate clearly states that his or her answers do not constitute a promise to rule in any particular way on a case; (2) the candidate clearly acknowledges the obligation to follow binding legal precedent; (3) the candidate does not appear to endorse any other individual likely to be involved in an election for public office or the platform of a political party; and (4) any commentary on court decisions is analytical, informed, thoughtful and dignified. 3B(9), 4B and 7A(3)(d)(i).

Judicial candidate may respond to newspaper survey which may be published and which contains questions concerning candidate’s personal opinions on certain issues, as long as the candidate also states that he or she will uphold the law. 7A(3)(d)(i)-(iii).

Incumbent judge may not publicly comment on the reasons for his ruling on a motion filed by a judicial opponent in a pending legal proceeding, nor may he publicly comment on the past conduct and actions in a pending legal proceeding of a judicial opponent. 3, 3B(9) and 7A(3)(d)(iii).

A judicial candidate may state views on constitutional or statutory construction and other controversial issues so long as the candidate does not advocate opposition to or support of political issues, makes no pledge or promise of conduct in office other than the faithful and impartial performance of the duties of the office, and does not make statements which commit or appear to commit the candidate with respect to cases, controversies or issues that are likely to come before the Court. A candidate should emphasize in any public statement the candidate's duty to uphold the law regardless of his or her personal views. 7.

Judicial candidate may not comment to the media regarding the pending civil or criminal cases of the candidate’s clients. 3B(9).

Judicial candidate may comment upon or publicize (1) results of bar poll ranking opponent as the worst county judge in several categories; and (2) voice recordings of opponent while presiding on the bench provided the commentary is truthful, pertinent, and material to judicial office. Also, the candidate should not take information out of context. 7A(3)(d)(iii).

Canon 7 applies to any prospective judicial candidate who has engaged in any level of public activity directed at qualifying for office.  Therefore, a prospective candidate identifying himself or herself as “pre-qualified” as a candidate must resign from serving as a pro bono advisor to a political party’s executive committee.  7A(1)(a).

Judge running for reelection may continue to write otherwise appropriate weekly newspaper column during the campaign. 4B and 5B.

Judicial candidate who was not already a judge could participate in a fundraiser for a non-profit organization because Canon 5 does not apply to judicial candidates. 5 and 7.

Judicial candidate may not host a weekly radio talk show during the election season or, if elected, after the date of the election because it would be virtually impossible to avoid commenting on current legal matters and cases. 4B and 5B.

Judge-elect may not actively participate in non-judicial campaigns prior to being sworn in. 7(1)(b).

Prospective judicial candidate may not use the assistance of a political party in gathering petition signatures to qualify for judicial election.  7.

Committee declined to render opinion on whether a candidate for judicial office could send letters to public officials inquiring about the health of the candidate’s opponent, an incumbent judge. 1, 2, and 7A(3)(a).

Judge running for re-election may retain consulting firm in which another judge’s spouse has an ownership interest. 7, 7A(3)(b), and 7C(1)

Judicial candidate may not privately disclose party affiliation or use political party facilities in connection with campaign. The only partisan political activity in which judicial candidates may participate is voting. Fla. Stat. § 105.071 and Canon 7.