Opinion no.: 91-26
December 4 , 1991
RE: Sale of building to law partners
RE: Committee on Standards of Conduct Governing Judges- Your
inquiry dated October 22, 1991.
You inquire whether your former law partners are allowed to practice before you after you have sold a building to them and they have executed a mortgage back.
The nine responding members of the ten member committee unanimously agreed that under Canon 5(C) (1), you should disqualify yourself from all cases involving your former law partners. Please also see our opinions 85-8 and 87-24.
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,
Jere Tolton, Chairman
Committee on Standards of Conduct Governing Judges
cc: All Committee Members
Participating Members: Judges Tolton , Green , Booth , Dell , Doughtie, Goldstein, Farina, Rushing, and Clarke, Esq.
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
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
Hon. Charles McClure, Chief Judge, Second Judicial circuit
Office of state Court Administrator, Legal Affairs & Education