Canons

Fla. Code Jud. Conduct, Canon 4, quasi-judicial activities, & Canon 5, extra-judicial activities.  A judge must conduct all such activities so that they do not:  (1) cast reasonable doubt on the judge’s capacity to act impartially as a judge; (2) undermine the judge’s independence, integrity, or impartiality; (3) demean the judicial office; (4) interfere with the proper performance of judicial duties; (5) lead to frequent disqualification of the judge; or (6) appear to a reasonable person to be coercive. 

Fla. Code Jud. Conduct, Canon 4D(2)(b) & Commentary.  A judge may speak at, receive an award or other recognition at, or be featured on the program of, and permit the judge’s title to be used in conjunction with a fundraising event only if the event concerns the law, the legal system or the administration of justice, the judge does not engage in direct solicitation of funds, and the funds will be used for a law related purpose.  Such fund-raising activities cannot be performed for advocacy organizations if participation would cast doubt on the judge’s capacity to act impartially.

Fla. Code Jud. Conduct, Canon 4D(2)(e)  A judge may not use court premises, staff, stationery, equipment, or other resources for fund-raising purposes, except for incidental use for activities that concern the law, the legal system, or the administration of justice.

Fla. Code Jud. Conduct, Canons 4D(2)(A), 5C(3)(b)(i) A judge shall not personally or directly participate in the solicitation of funds, except that a judge may solicit funds from other judges over whom the judge does not exercise supervisory or appellate authority.

Fla. Code Jud. Conduct, Canon 5C(3)(b) Mere attendance at a fund-raising event does not constitute a violation of Canon 5C(3)(b).  It is generally permissible to perform subsidiary and unadvertised functions at fund-raising events sponsored by educational, religious, charitable, fraternal, or civic organizations so long as they do not entail direct or personal solicitation.  A judge can only be a speaker, guest of honor, or otherwise be featured at fund-raising events as authorized by Canon 4D(2)(b).

Active circuit or county judge may serve on committee to honor member of district court of appeal so long as fund-raising restrictions are followed. Preamble, 4D, and 7A(1)(b)

Judge may not receive award and be inducted into county women’s hall of fame, at luncheon where program advertisements have been sold to raise funds for the organization.5C(3)(b), 5C(3)(b)(i), 5C(3)(b)(iii), and Commentary to 5C(3)(b)

Judge may attend and receive an award at an event if it is not a fund-raiser. 4, 4D(2), 4D(2)(a)

Judge may not be guest of honor at annual non-fundraising dinner, where patrons may purchase journal advertisements dedicated to the judge as guest of honor. 5B(2)

Sitting judge may not permit a not-for-profit organization controlled by a voluntary bar association to raise funds for scholarship in judge’s name. 2B

Judge may be guest speaker at dinner honoring law enforcement and other public safety officers so long as event is not a fund-raiser. 2, 4 and 5

Judge may not participate as a featured speaker at a fund-raising roast of a prominent local figure, auction dinner and drinks for twelve at the judge’s home, or allow charitable organizations to use judge’s historical home for fund-raising purposes. If judge’s spouse decides to allow charitable organizations to use judge’s historical home for fund-raising purposes, the judge must vacate the home during such an event. 5, 5C, 5C(3), 5C(3)(b)i, 5C(3)(b)iii

Judge may not be guest speaker at an annual college alumni banquet, when the banquet is a fund-raiser for the club. 5C(3)(b), 5C(3)(b)(i), 5C(3)(b)(iii), and Commentary to 5C(3)(b)

Judge may not ethically participate in a voluntary bar association’s fund-raising event by providing goods [including artwork or crafts made by the judge] for sale or auction, performing a skit, displaying a talent, being a model, or otherwise performing at the event. 4

Charitable Fund-Raising and Volunteering

Judge may not solicit businesses for gift certificate and coupon donations to be used as rewards for good behavior by juveniles on probation because such action would constitute personal participation in the solicitation of funds.  Rewarding the juvenile might also reflect adversely on the judge’s ability to remain impartial at any future hearings involving the juvenile.  However, the judge may solicit others to volunteer their time to serve non-profit organizations so long as the solicitation cannot be perceived as coercive or a fund-raising mechanism.  2B; 4A; 4D(2)(a); 5C(3)(b)(ii-iii); Commentary to 5C.

Even though judge’s name would not be used in advertising or promotion, judge may not donate custom knives made by judge to fund-raising auctions held by Sheriff’s Office or community organizations because the knives would be marked with the judge’s distinctive and known logo. Thus, providing the knives could be viewed as personal solicitation as well as using the prestige of judicial office for fund-raising.  Also, the donations to the Sheriff could cast doubt on the judge’s impartiality.

Judge who sent out solicitation letters for a charity marathon prior to judge’s appointment to the bench may forward to the charity all donations received prior to his or her appointment. However, donations received after the judge’s appointment must be returned to the donors because the letters may have been perceived as a judicial solicitation. Also, as the marathon is intended to raise money for charity and there is a danger that the judge will be perceived as a “celebrity participant,” the judge may not run in the marathon. 2B and 4D(2)(a)

Judge may not produce and narrate a video in support of restoring a courtroom where video would be used by the bar to raise financial support for the restoration because such use would constitute improper reliance on the prestige of judicial office for fundraising. 4D(2)(a),5B

Judge may serve as a celebrity waiter or server at an annual breakfast for the local children’s alliance where breakfast has no fund-raising component, even if the organization charges a reasonable fee to defray costs. 5C(3)(b).

Judge may participate in fund-raising activities such as concession stand at children’s sporting events so long as the prestige of office is not used to advance the organization’s interest. 2(B), 5(A), 5(A)(2)&(3) and 5(C), 5(C)(3)(b)(I) & (iii), and Commentary to 5(A)

Judge could not participate as bell ringer for Salvation Army. 5C(3)(b)(i).

Judge may not endorse a proposal by a county bar association to appoint a public guardian where that endorsement will be used to solicit funds. However, mere endorsement is permissible. 4D(2)(d)

A judge may solicit funds on behalf of a law school alumni association from fellow judges over whom the judge exercises no appellate or supervisory authority. However, the results of the solicitation may not be published for the purpose of encouraging others to contribute because that publication would involve lending the prestige of judicial office to fundraising. 5

Judge may decorate a hall where a fund-raising event is to be held, assist in setting the value of items to be auctioned at the fundraising event, and donate items to be auctioned as long as the source of the donation is not noted. 5, 5C, 5C(3), 5C(3)(b)i, 5C(3)(b)iii

Judge may not serve as chairperson for a kickoff event for a fund-raising organization because such participation would involve the use of the prestige of judicial office for fund-raising. 2(B), 5(C)(3)(b)(i) and (iii).

2000-17
amended by Op. 05-07

Judge may not participate in his/her child’s school fund-raising activities by working in a concession stand, unless the role performed in the concession booth does not involve active solicitation of funds or selling goods. 2B, Commentary to 5A, 5C(3)(b) 1 & (iii) (amended by Op. 05-07 )

Judge may not send letter to attorneys within the circuit soliciting them to join legal aid organizations or donate money in lieu of services because such a letter would involve the use of the prestige of judicial office for fund-raising and give rise to the appearance of impropriety. 2A, 2B, 4D and 5C(3).

Judge may not participate in a charity fund-raising event by announcing winning tickets and describing the items won. 5C(3)

Judge may solicit other judges over whom no supervisory or appellate authority is exercised to participate in Habitat for Humanity project. See also 1983-04; 2003-15. 5A, 5C