April 14, 1993

Opinion 93-20

Canon 5G - Extra Judicial Appointments
Service on Police Sergeant promotion committee

Re: Committee on Standard of Conduct Governing Judges - Your inquiry dated March 26, 1993


You state that as Chief Judge you have received a request from the office of your city manager to appoint a county judge to serve on an advisory panel to deal with the city's police sergeant promotion process.

All eight participating Committee members agree that the proposed activity is prohibited by Canon 5G

A judge should not accept appointments to a governmental committee, commission, or other position that is concerned with issue of fact or policy on matters other that the improvement of the law, the legal system or the administration of justice.

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 yours,

Harvey Goldstein, Chairman
Committee on Standards of Conduct Governing Judges


cc: All Committee Members
Office of State Court Administrator (name of Judge deleted from this copy)

Participating members: Judges Kahn, Tolton, Green, Doughtie, Goldstein, Farina, Rushing and Edwards, Esq.