Receded from in Opinion 95-01

August 11, 1992

Opinion No. 92-28
Canons 5 and 7
Membership in Tiger Bay Club

Re: Committee on Standards of Conduct Governing Judges - Your inquiry dated April 30, 1992

You inquire whether you may become a member of the Tiger Bay Club of Volusia County.

The committee, by a 6-4 margin, answered your request in the negative since it appears the club is heavily involved in political affairs. Such involvement is contrary to the intent of Canon 7(A). Further, the majority felt the membership application of the club may be interpreted to indicate a select membership, which runs afoul of the intent and philosophy found in Canon 5(A) and (B).

Several members voting in the minority felt there is no prohibition belonging to a club whose activities simply involve listening to political speeches but warned against playing an active or leadership role in the club.

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).

With regards, I remain,

Yours very truly,

Jere Tolton, Chairman
Committee on Standards of Conduct Governing Judges


cc: All Committee Members

Participating members: Judges Tolton, Green, Levy, Booth, Dell, Doughtie, Goldstein, Farina, Rushing, and Clarke, Esq.

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
Judson Orrick, Managing Editor, The Florida Bar
Brooke S. Kennerly, Executive Director, Judicial Qualifications Commission.
Hon. Walter K. Stapleton, Chairman, Ethics Advisory panel of the Judicial Conference of the United States .
Cynthia Grey, Director, American Judicature Society
Ms. Jean Underhill, Librarian, Broward County Law Library
Mr. Robert Wallace, Librarian, Dade County Law Library
Ms. Joan D. Cannon, Librarian, Supreme Court of Florida
William D. Wilkinson, Court Administrator, Lee County
Hon. Thomas H. Barkdull, Jr. , Third District Court of Appeal
Lynda Glyman, Esq. Center for Professional Responsibility, American Bar Association
Hon. Charles McClure, Chief Judge, Second Judicial Circuit
Office of State Court Administrator, Legal Affairs & Education