Opinion 74-5
May 3, 1974
Re: Canon 5
Dear Judge
The procedure, as outlined in your letter of April 19, 1974, for the purchase
of a small tract of acreage north of Tampa, could furnish reasonable grounds
for criticism.
That is, a judge would be buying a law suit which must be litigated in the
circuit he serves. Further, he is having the suit brought in the name of
a person who has no interest in the litigation and further, the judge is
having financial and business dealings with an attorney who practices before
him
It appears that Canon 5 C(l) is applicable. It seems that an isolated transaction
between a judge and a lawyer would not be improper. Nonetheless, it is the
suggestion of a lack of impartiality and impropriety and the effect that
such an appearance has on the confidence of the public in the judiciary
that suggests a restrictive course of conduct.
It is the consensus of the Committee that you should reject the offer to
purchase under the terms and conditions as outlined in your letter.
/s/GUNTER STEPHENSON, as Chairman
Committee on Standards of Judicial
Conduct
GS:ej