August 4, 1992


Opinion No. 92-30
Canon 2 - Appearance of Impropriety


Re: Committee on Standards of Conduct Governing Judges - Your inquiry dated June 30, 1992


As a Senior Judge yo have asked whether you can use your official (judicial) stationery to advertise or solicit work as a mediator.

The Committee believes that Canon 2 of the Code applies and that the proposed action has the appearance of impropriety in that you would be using the prestige of judicial office to advance your personal interest.

The Committee has not specifically addressed the question whether a Senior Judge who becomes an active Judge from time to time may advertise or solicit work as a mediator by mailing information regarding qualifications and past experience.

However, one member of the Committee believes that you may provide information to attorneys to assist them in selection the most competent people to serve as mediators.

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).


Sincerely,

Harvey L. Goldstein, Chairman
Committee on Standards of Conduct Governing Judges

HLG/mh

cc: All Committee Members

Participating members: Judges Tolton, Levy, Booth, Dell, Doughtie, Farina, Rushing, Green 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