June 24, 1974
July 10, 1974
Re: Canon 5(F)(G) & Comment
This will acknowledge and thank you for your telephone conversation and
letter of June 21, 1974.
As requested in the telephone conversation, I am giving you my opinion as
one member of the Committee on Standards of Judicial Conduct.
As an officer in the National Guard of Florida, and as a reserve officer
in the Army, you anticipate an order to active duty on a temporary basis
assigned as a member of the Judge Advocate General's Court.
The question you pose:
Would your appearance in a Federal Court proceeding as a Staff Judge Advocate
Representing the Army, be in conflict with your duties as a circuit judge?
I see no conflict. Of course, this assumes that your assignment and the
duties involved will not interfere with the proper performance of your duties
as a circuit judge. Canon 5 and the commentary under G require a judge to
refrain from activities which might interfere with the proper performance
of his duties.
Your inquiry and a copy of this letter is being sent to the members of the
Committee on Standards of Judicial Conduct. Should a majority disagree with
me, I will advise you promptly.
LETTER DATED July 10:
The Committee on Standards of Judicial Conduct concur with my letter to
you dated June 24, 1974.
One member, however, is of the opinion that unless you have been ordered
to serve on behalf of the Army as counsel, and you are unable to be relieved
of this assignment, then your activities as counsel for the Army would be
in conflict with Canon 5 (F)(G).
With kindest regards, I am
/S/ GUNTER STEPHENSON, as Chairman
Committee on Standards of Judicial Conduct