Opinion 74-6
June 24, 1974
July 10, 1974

Re: Canon 5(F)(G) & Comment

Dear Judge

This will acknowledge and thank you for your telephone conversation and letter of June 21, 1974.

As requested in the telephone conversation, I am giving you my opinion as one member of the Committee on Standards of Judicial Conduct.

As an officer in the National Guard of Florida, and as a reserve officer in the Army, you anticipate an order to active duty on a temporary basis assigned as a member of the Judge Advocate General's Court.

The question you pose:

Would your appearance in a Federal Court proceeding as a Staff Judge Advocate Representing the Army, be in conflict with your duties as a circuit judge?

I see no conflict. Of course, this assumes that your assignment and the duties involved will not interfere with the proper performance of your duties as a circuit judge. Canon 5 and the commentary under G require a judge to refrain from activities which might interfere with the proper performance of his duties.

Your inquiry and a copy of this letter is being sent to the members of the Committee on Standards of Judicial Conduct. Should a majority disagree with me, I will advise you promptly.

LETTER DATED July 10:

The Committee on Standards of Judicial Conduct concur with my letter to you dated June 24, 1974.

One member, however, is of the opinion that unless you have been ordered to serve on behalf of the Army as counsel, and you are unable to be relieved of this assignment, then your activities as counsel for the Army would be in conflict with Canon 5 (F)(G).

With kindest regards, I am


/S/ GUNTER STEPHENSON, as Chairman
Committee on Standards of Judicial Conduct

GS:jss