Receded from in Opinion 2002-20

June 20, 1991

Opinion No. 91-7
Canon 5C(4)(b) and Canon 6

You inquire as to whether gifts for your expected baby should be reported. Eight members of the committee believe that baby shower gifts should be reported the same as you would report other gifts falling within the provisions of Canon 5C(4)(b) and Canon 6. For example, you do not have to disclose gifts from relatives and you should not accept gifts from a person whose interests may come before you in the immediate future. Our response would extend to baby shower gifts given to you and/or your wife.

One member does not believe the committee should consider your inquiry. This member believes you do not have to report baby shower gifts "unless a specific gift was the kind that would raise eyebrows."

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).

With regards, I remain,

Yours very truly,

Oliver L. Green, Jr.,Immediate Past Chairman
Committee on Standards of Conduct Governing Judges

OLGJr:jn

cc: All Committee Members

Participating Members: Judges Green, Tolton, Booth, Dell, Doughtie,Frank, Goldstein, Farina, 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 .
Cynthia Grey,Director, American Judicature Society
Ms. Jean Underhill, Librarian, Broward County Law Library
Mr. Robert Wallace, Librarian, Dade County Law Library
Ms. Joan D. Cannon, Librarian, Supreme Court of Florida
William D. Wilkinson, Court Administrator, Lee County
Hon. Thomas H . Barkdull , Jr ., Third District Court of Appeal
Lynda Glyman, Esq. Center for Professional Responsibility, American Bar Association
Office of the State Courts Administrator, Legal Affairs & Education
Hon. Charles McClure, Chief Judge, Second Judicial Circuit