Opinion 78-21

September 18, 1978


Dear Judge:


The Committee on Standards of Conduct Governing Judges acknowledges your recent inquiry wherein you seek an opinion of the Committee in regards to your wife being employed by the ____________ County Board of Criminal Justice.

The participating members of the Committee are of the unanimous view that your wife may, so far as the Code of Judicial Conduct is concerned, obtain employment any place she so desires. Of course if your wife's employment should place her in a position of interest with reference to any matter coming before you, then you should recuse yourself.

The Committee is also of the opinion that Chapter 112, Florida Statutes has no applicability to the judiciary. The Committee also feels that in regard to F.S. 116.111, that there is no prohibition of your wife's employment in the position contemplated by the inquiry, however they are of the opinion that that statute calls for a legal opinion as distinguished from an ethical opinion and therefore the query in that regard is without our jurisdiction.


We trust that the above opinion will be of assistance to you.


Sincerely yours,


Tyrie A. Boyer, Chairman
Committee on Standards of Conduct Governing Judges

TAB/sw

Participating members: Judges Boyer, Carlisle, Haverfield, O'Connell, Richardson,Stephenson, Turner and Samuel J. Powers, Attorney