June 27,1990

Opinion No. 90/15
Canon 7B(2)
Distribution of campaign solicitation material from judge's office

Dear Judge

In your inquiry you have set forth the following question:

May a County or Circuit judge, who has filed his/her designation of campaign treasurer and depository so as to formally open the re-election campaign, have endorsement cards prominently displayed in his judicial assistant's office to facilitate the distribution and/or signing of those cards in that office, so long as the judge and his judicial assistant do not solicit such distribution and signing while attorneys are going into or coming from a hearing before the judge and at all times only have the cards displayed with no accompanying verbal solicitation?

The Committee is unanimous in its view that Canon 7B(2) absolutely prohibits the activities described in your inquiry. The use of your judicial facilities to advance your candidacy is wholly inappropriate.

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