Canons

Fla. Code Jud. Conduct, Canon 3A “The judicial duties of a judge take precedence over all the judge’s other activities. The judge’s judicial duties include all the duties of the judge’s office prescribed by law.”

Fla. Code Jud. Conduct, Canon 3B(8) “A judge shall dispose of all judicial matters promptly, efficiently and fairly.”

Fla. Code Jud. Conduct, Canon 3B(8), Commentary “Prompt disposition of the court’s business requires a judge to devote adequate time to judicial duties, to be punctual in attending court and expeditious in determining matters under submission, and to insist that court officials, litigants, and their lawyers cooperate with the judge to that end.”

Judge may review sworn arrest reports and other probable cause documents prior to defendant’s first appearance because Fla. R. Crim. P. 3.133(a)(3) specifically allows a judge to review ex parte evidence and there is no difference whether the judge conducts this review before or after entering the courtroom.  However, the judge may not make a preliminary finding of probable cause prior to the first appearance because it could create the perception that the trial court has prejudiced the merits of the case.  2; 3B(7); Commentary to 2A.

Judge may not accept pro rata reimbursement from litigants who agree to pay for expenses incurred while presiding over depositions in a foreign country.  While the Committee was divided on whether certain Canons were implicated, a majority agreed that accepting such payments would violate the high standards of conduct required by Canon 1 and the promotion of public confidence in the integrity and impartiality of the judiciary required by Canon 2.  In particular, the Committee noted that the proposed arrangement could lead to public misperception about the priorities on the judge’s calendar.  1; 2, 2A; 3B, 3B(1), 3B(8); 5D(5); 6(A);  and Commentary to 3B(8).

While the Code of Judicial Conduct does not expressly limit the number of vacation days a judge may ethically take in a year, judges must be guided by provisions of the Code requiring proper performance of judicial duties, diligent administration of justice, the placement of judicial obligations above all other activities, and avoidance of the appearance of impropriety. 3,3A,3B(8), and 3C(1).

It would be improper and a violation of the Code for a judge to take vacation time if it conflicted with carrying out judicial duties or created an appearance of impropriety. 2B