December 14, 1988


Opinion 88/30

Participation in ADA planning council
Canon 4C

Re: Committee on Standards of Conduct Governing Judges
Your inquiry dated October 13, 1998

Dear Judge:

You have asked whether the Canon governing judicial conduct bar you from serving on the District IV Planning Council.

On May 21, 1986 the Supreme court rejected our opinion in 86/8 and revitalized our opinion in 79/13. I have enclosed a copy of our opinion in 88/24.

In sum, the Committee has receded from its opinion 85/10 with the result that participation in the Alcohol, Drug Abuse and Mental Health District IV Planning Council is not proscribed by Canon 4C.

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

cc: All Committee Members

Participating Members: Judges Booth, Dell, Frank, Goldstein, Green, Levy, 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