June 27, 1990

Opinion 90/12
Canon 5B(2)
Chairman of Golf Tournament

Dear Judge

In your inquiry you have asked whether you may serve as the chairman of a golf tournament to occur in April, 1991. Your letter indicates your awareness of Canon 5B(2) and that you would neither participate in the solicitation of funds nor be identified as a judicial officer in materials associated with the tournament. The entity sponsoring the tournament is a nonprofit organization which raises funds to support sports activities.

Seven members of the Committee, a majority, have concluded that you should not serve as the tournament's chairman. Four of the seven members have stated that the public's perception of your involvement is that you would be participating in a fund-raising activity.

One member has indicated that if your judicial office is not mentioned in event publicity or any other aspect of the tournament, assuming the chairmanship may not be prohibited.

One member of the Committee has stated in light of your representation that you would not be mentioned in any written material associated with the tournament, that chairmanship of the tournament would not be prohibited by Canon 5B(2).

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).

Cordially yours,

Richard H. Frank, Chairman
Committee on Standards of Conduct Governing Judges

cc: All Committee Members

Participating Members: Judges Green, Tolton, Goldstein, Dell, Booth, Doughtie,Frank, Simons, Shutter and Clarke, Esquire.

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 Journal
Brooke S. Kennerly, Executive Director, Judicial Qualifications Commission.
Hon. Walter K. Stapleton, Chairman, Ethics Advisory Panel of the Judicial Conference of the United States .
Deborah Solomon, American Judicature Society
Ms. Jean Underhill, Librarian, Broward County Law Library
Mr. Robert Wallace, Librarian, Dade County Law Library
Mr. Brian Polley, Librarian, Supreme Court of Florida
Mr. Richard Kuhn, Court Administrator, Lee County
Hon. Thomas H . Barkdull , Jr ., Third District Court of Appeal
Lynda Glyman, Center for Professional Responsibility, American Bar Association