Receded from in Opinion 00-34

Opinion 74-4
May 2, 1974

Re: Canon 5


Dear Judge

A majority of the members of the Committee on Standards of Judicial Conduct, without dissent, agree with the advisory opinion of the Professional Ethics Committee of The Florida Bar, dated August 7, 1973, identified as Advisory Opinion 73-7.

An attorney receives an appointment to the circuit court bench in the circuit where his firm is practicing. His contract with the firm, being standard for all shareholders, provides for termination payments for his interest in the firm computed on a predetermined formula, which fixes the amount of his interest at the date of termination. This amount is payable in cash or in annual installments.

We are of the opinion that receiving said predetermined amount in annual installments by the Judge is permissible under the Code and imposes no obligation per se upon the Judge to recuse himself from matters being handled by his former firm.

/s/ GUNTER STEPHENSON, as Chairman, Committee on Standards of Judicial Conduct

GS:jss

cc: All Committee Members