Opinion 77-19

December 6, 1977

Dear Judge:

The Committee on Standards of Conduct Governing Judges responds to your recent query wherein you request the opinion of the Committee as to the propriety of your wife accepting the position of secretary and director in a condominium association which handles the management and business affairs of the condominium in which you are your wife reside.

It is the opinion of the Committee, six members participating, that there is no Canon proscribing such conduct on the part of your wife.

In our Opinion No. 77-15, which was in response to a query primarily inquiring as to proposed political conduct, the Committee stated, among other things:

"Because of the amendment to Canons 2B, 3C(2), 5C(4), 5C(5) and 7B(1)(a) of the Code of Judicial Conduct and the commentary following Canon 7 adopted by the Supreme Court on August 3, 1976, a judicial spouse is completely free of any restrictions except that, as the commentary following Canon 7 indicates "Any political activity engaged in by members of a judge's family should be conducted in the name of the individual family member, entirely independent of the judge and without reference to the judge or to his office."

That statement appears to be appropriate to the subject query. (See The Florida Bar In Re: Code of Judicial Conduct Status of Judicial Spouses, 336 So.2d 584 (Fla. 1976)

The participating members of the Committee also unanimously agree that in the event the condominium association becomes involved in any controversy before your court you must promptly recuse yourself form participation in the case.

We appreciate your inquiry and trust the foregoing will be of assistance to you.

Sincerely yours,

Tyrie A. Boyer, Chairman
Committee on Standards of Conduct Governing Judges


Participating members: Judges Boyer, Carlisle, Hewitt, Marger, Murphee, O'Connell, Sample,
Stephenson and Samuel J. Powers, Attorney