PERSONAL AND CONFIDENTIAL
Authoring and publication of book
Canon 2A, 2B, 3C and 4
Re: Committee on Standards of Conduct Governing Judges
Your inquiry dated May 10, 1998
On May 10, 1988 you asked that the Committee render an opinion stemming from a commercial publishing company asking you to author a book dealing with the defense of child abuse cases.
Based upon the Committee's assessment of your question and the views expressed in Opinions 76/17 and 82/5, copies of which are enclosed, it appears that Canons 2A, 2B, 3C and 4 do not foreclose the undertaking as it is describe in your May 10 letter.
The committee is expressly charged with rendering advisory opinions
interpreting the application of the Code of Judicial Conduct to specific
circumstances confronting or affecting a judge or judicial candidate. Its
opinions are advisory to the inquiring party, to the Judicial Qualifications
Commission and to the judiciary at large. Conduct that is consistent with
an advisory opinion issued by the committee may be evidence of good faith
on the part of the judge, but the Judicial Qualifications Commission is
not bound by the interpretive opinions issued by the committee. Petition
of the Committee on Standards of Conduct for Judges 327 So2d 5 (Fla. 1976).
Richard H. Frank, Chairman
Committee on Standards of Conduct Governing Judges
cc: All Committee Members
Participating Members: Judges Booth, Dell, Frank, Goldstein, Green, Levy, Shutter, Tolton and Attorney Page
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
Brooke S. Kennerly, Executive Director, 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