April 15, 1986

Opinion No. 86/5
Re: Canon 5B(2)

You inquire as to whether you may accept an invitation to appear as one of four speakers at a Prevention of Blindness Charity Fund-Raising Honorarium for an outstanding public figure. You have been asked to do this because of your long friendship with the honoree.

The following opinions may be important to this inquiry: 79/17; 85/11; 76/8; 80/2; 79/18; 79/1; 78/9; 78/1; 76/15; 85/13; 85/12; 85/8; 85/4; 72/1; 75/27; 75/26; 75/11; 74/16; 74/14; 74/2; 73/2. Opinions 79/17; 85/11; 76/8 and 74/14 appear most pertinent.

All responding members recommend that you decline the invitation because your participation would be contrary to the provisions of Canon 5B(2), which prohibits you from soliciting funds for any educational, religious, charitable, fraternal or civic organization and prohibits the use of the prestige of your office for that purpose. The provision also prohibits you from being a speaker or guest of honor at such an organization's fund-raising event, however, you may attend as a guest.

One member comments that these kinds of dinners are becoming commonplace and perhaps the Canon should be changed. That member believes that a judge's participation as a speaker is not offensive.

With regards, sincerely,

Oliver L. Green, Jr.

cc: All Committee Members

Participating members: Judges Booth, Dell, Frank, Goldstein,
Green, Grube Tedder, Turner and Attorney M. Craig Massey

All reference to the inquiring judge is deleted from the copies sent to the following individuals.

Mr. Sid White, Clerk of the Supreme Court of Florida
Linda Yates, Managing Editor, The Florida Bar Journal
Kathleen T. Phillips, Esq., Chairman, Judicial Qualifications Commission.
Hon. Howard T. Markey, Chairman, Ethics Advisory Panel of the Judicial Conference of the United States .
Jeffrey M. Shaman, Esquire, Director, Center for Judicial Conduct Organizations
Ms. Jean Underhill, Librarian, Broward County Law Library
Mr. Robert Wallace, Librarian, Dade County Law Library
Mr. Brian Polley, Librarian, Supreme Court of Florida