October 17, 1975


Opinion 75-28

Canon 4A, 6A

Dear Justice:


In your letter of October 3, 1975, you request an opinion from the Committee on Standards of Judicial Conduct as to whether or not you, as a Justice of the Supreme Court, may accept a teaching position in one of the state's law schools, provided:

1. The compensation for teaching will be derived form a private grant and will not offend Sec. 112.313(7), Fla. Stat. 1973. This section prohibits a state employee from receiving compensation from two state supported entities simultaneously, and

2. The employment will not interfere with the performance of your judicial duties. Fla. Const. art. V §13; Fla. App. Rule 2.1(a)(6), which requires justices and judges to devote full time to their judicial duties.

It is the consensus of the Committee on Standards of Judicial Conduct that Canon 4, of the Code of Judicial Conduct sanctions your proposed activity.

Further, this canon encourages a justice or a judge to speak, write, lecture, and teach on matters concerning the legal system and the administration of justice.

It appears to us that a justice of judge, especially learned in the law, is in a unique position to contribute to the improvement of the legal system of the legal system and the administration of justice by lecturing and teaching law school students who will be the Bench and Bar of tomorrow.

May we point out the Canon 6, requires justices and judges to file public reports on compensation they receive for personal services, received for extra-judicial activities.

I am happy to report that, without dissent, the committee sees no ethical impropriety in your accepting a teaching position in one of the state's law schools.

We appreciate your inquiry and trust the foregoing will be of some assistance.

With high esteem, I am

Gunter Stephenson, Chairman
Committee on Standards of Judicial Conduct

GS:jss
cc: All Committee members