March 20, 1990

Opinion No. 90/8
Canon 2
Responding to media criticizing judge's conduct

Dear Judge

The Committee has considered your inquiry composed of the following questions:

May a judge who has recused himself from hearing a case respond publicly to letters published in a newspaper criticizing his conduct of the case either by letter to be published or at a news conference?

Would the answer be the same if the judge was defending actions of another judge?

Would the answer be the same regardless of the truth or falsity of the criticism?

The Committee has unanimously determined that each of the questions must be answered in the negative. I have enclosed copies of opinions numbered 85/9, 81/12 and 80/14 which one member of the committee deems pertinent to your questions.

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, Goldstein, Dell, Booth, Doughtie,Frank, Simons, Shutter 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
Judson Orrick, 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 .
Deborah Solomon, American Judicature Society
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
Lynda Glyman, Center for Professional Responsibility, American Bar Association