August 3, 1989

Opinion No. 89/16
Canons 4, 5
Funding - Chairperson of civic organization's ways and means committee

Dear Judge

You have asked whether you may accept the position as chairperson of a Junior League's ways and means committee. In that capacity your function would be confined to reviewing and planning fund raising activities but would not be involved in direct fund raising.

Eight members of the committee have formed the view that Canon 5B(2) prohibits you from accepting the appointment.

Two members of the committee would not find a prohibition against serving as the chairman of the organization's ways and means committee as long as the solicitation of funds is not among the chairman's responsibilities. Another committee member would find it appropriate for you to serve in that capacity so long as your name and status were not identifies with fund raising.

In short, notwithstanding the limited role you would perform in the League's fund raising objectives and efforts, the committee's conclusion is that Canon 5B(2) prohibits your participation in the program.

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 Green, Tolton, Booth, Dell, Doughtie,Frank, Simons, Shutter, Goldstein, and Clarke, Esquire.

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
Mr. Richard Kuhn, Court Administrator, Lee County
Hon. Thomas H . Barkdull , Jr ., Third District Court of Appeal
Ms. Georgeanne Marsh, Center for Professional Responsibility, American Bar Association