November 10, 1988

PERSONAL AND CONFIDENTIAL


Opinion 88/22

Communicating with a legislator re
salary increases for judicial assistants
Canon 4

Re: Committee on Standards of Conduct Governing Judges
Your inquiry dated August 3, 1998

Dear Judge


The Committee has considered your inquiry seeking an advisory opinion as to whether you may ethically communicate with a legislator on behalf of judicial assistants relative to salary increases. I have enclosed a copy of Opinion 75/14.

The Committee has determined that support of judicial assistants in their effort to achieve salary increases is not prohibited. Indeed, it is the Committee's view that aiding in the accomplishment of salary increases may well serve the judicial system because of a likely improvement in the quality of applicants seeking employment.

The committee is expressly charged with rendering advisory opinions interpreting the application of the Code of Judicial Conduct to specific circumstances confronting or affecting a judge or judicial candidate. Its opinions are advisory to the inquiring party, to the Judicial Qualifications Commission and to the judiciary at large. Conduct that is consistent with an advisory opinion issued by the committee may be evidence of good faith on the part of the judge, but the Judicial Qualifications Commission is not bound by the interpretive opinions issued by the committee. Petition of the Committee on Standards of Conduct for Judges 327 So2d 5 (Fla. 1976).


Cordially yours,

Richard H. Frank, Chairman
Committee on Standards of Conduct Governing Judges

RHF/jf
cc: All Committee Members

Participating Members: Judges Booth, Dell, Frank, Goldstein, Green, Levy, Shutter, Tolton and Attorney Page

All reference to the inquiring judge is deleted from the copies sent to the following individuals.

Mr. Sid White, Clerk of the Supreme Court of Florida
Linda Yates, Managing Editor, The Florida Bar Journal
Brooke S. Kennerly, Executive Director, Judicial Qualifications Commission.
Hon. Walter K. Stapleton, Chairman, Ethics Advisory Panel of the Judicial Conference of the United States .
Jeffrey M. Shaman, Esquire, Director, Center for Judicial Conduct Organizations
Ms. Jean Underhill, Librarian, Broward County Law Library
Mr. Robert Wallace, Librarian, Dade County Law Library
Mr. Brian Polley, Librarian, Supreme Court of Florida