Opinion 81-6

May 22, 1981

Dear Judge:

This is in response to your inquiry of March 25th, 1981, wherein you asked if you can accept a position on the state's parole and Probation Commission Qualification Committee. Of the seven members of the Committee on Standards of Conduct Governing Judges responding, five were of the opinion that you could not. One member pointed out the volume of appeals handled by the Third District Court of Appeal would seem to militate against taking on any extra judicial duties. That member also indicated that these appointments are political in nature and would involve a judge in the political process of the Executive Department, which could prove to be controversial.

Two members pointed out that the appellate courts receive appeals and writs under RCP 3.850 with respect to the Commission's activities and compliance with Chapter 947 F.S. It was felt that this would place you in the position of assisting in the selection of parole and probation commissioners on the one hand, and reviewing the action of those same commissioners in your capacity as a judge.

Yours truly,

James T. Carlisle, Chairman
Committee on Standards of Conduct Governing Judges

cc: All Committee Members
Sid White, Clerk of the Supreme Court
Mr. William C. Clark, Chairman, Florida Judicial Qualifications Commission
Mrs. Linda H. Yates, Managing Editor, Florida Bar Journal
Hon Howard T. Markey, Chairman, Ethics Advisory Panel Judicial Conference of the U.S.
All references to the inquiring judge deleted