1. WHAT LAWYERS SHOULD KNOW ABOUT THE CODE OF JUDICIAL CONDUCT
JUDGE CHARLES J. KAHN, JR.

2. Code of Judicial Conduct:
Areas affected by the
Code of Judicial Conduct:
• Social relationships between judges
and lawyers;
• Business and financial relationships;
• Lawyer representing (or opposing)
a judge in a legal matter;
• Judge's participation in law-related
organizations.

3. Canon 3E: "A judge shall disqualify himself or herself in a proceeding in which the judge's impartiality might reasonably be questioned."

4. Intent is to establish an objective standard, not a subjective standard for the judge.

5. May a circuit judge and the judge's spouse co-host a party with a practicing attorney and the attorney's spouse?

6. Yes. JEAC Op
A significant social relationship between a judge and a lawyer should be disclosed by the judge.
JEAC Op
See Fla. JEAC Op (judge cannot add lawyers who may appear before the judge as “friends” on a social networking site, or permit such lawyers to add the judge as their "friend,“ but may post comments and other material on judge's page on such a site, if the publication of such material does not otherwise violate the Code of Judicial Conduct); (judge’s acceptance of a weekend trip to Maine with an attorney eight to nine years ago does not require judge to continue recusing himself from cases handled by the attorney and the attorney's law firm, but judge is required to disclose the last eight to nine years of voluntary recusal and the reason therefor).

7. If a judge discloses a personal relationship with a lawyer, must the judge enter a disqualification if requested by the other side?

8. No. Code, Commentary to Canon 3E(1).
The fact that a judge makes disclosure does not automatically require disqualification. Issue resolved on a case-by-case basis.
But see Fla. JEAC Op (disqualification required in cases where a member of the law firm employing judge’s son as an attorney appears as counsel unless all parties agree to remittal of disqualification).

9. May a judge hear cases involving a lawyer with whom the judge jointly owns a condominium unit?
No.
JEAC Op

10. If a judge who owns an office building places management of the building in a blind trust, may the judge hear cases involving lawyers who are tenants?
See Fla. JEAC Op (judge must disqualify himself or herself from any cases in which lawyers affiliated with local legal aid group appear where judge leases office building he or she owns to the group).
No. JEAC

11. Must a judge disclose the fact that a lawyer appearing before the judge represented the judge 3 years before?

12. No. JEAC Op
However the answer might be different if the judge maintains strong social ties with the lawyer or if the representation involved a "high profile" matter, or a case of great personal or monetary significance to the judge or lawyer.

13. Must a judge disclose representation in a custody case eight years ago?
No. JEAC Op

14. Where judge was the plaintiff in a civil suit, is the judge permanently disqualified from cases involving defense counsel
in that case?

15. No. JEAC Op
Disqualification not automatic, but judge must make a reasoned determination whether the judge's impartiality might reasonably be questioned in cases involving former opposing counsel. Must also consider the issue of personal bias.

16. Must the administrative judge in the county criminal division, who jointly owns a fishing camp with the elected state attorney disqualify himself from all cases involving the State Attorney’s Office?

17. Yes. JEAC Op
Under the objective standard of Canon 3E, this judge’s impartiality might reasonably be questioned.
Canon 5D(4) requires a judge to manage investments in a manner so as to minimize the number of cases in which the judge is disqualified. Therefore, this judge should divest himself of the property as soon as practicable without serious financial detriment.
See Fla. JEAC Op (where judge is beneficiary of land trust with some of judge’s former partners, judge should dispose of interest in the trust if it is likely co-beneficiaries will appear frequently in proceedings before the court on which judge serves).

18. May a county judge who is married to the elected public defender preside over criminal cases to which the public defender is assigned?

19. No. JEAC Op
This judge is disqualified by the objective standard of Canon 3E.
The elected public defender is not only in charge of all the assistant public defenders, she is the attorney of record where the public defender has been appointed, and exercises sole discretion in hiring and retaining assistant public defenders.
But see Fla. JEAC Op (mere employment of judge’s relative by sheriff’s department does not automatically warrant or mandate disqualification in all cases involving the department because the family members will generally have no direct financial interest in the outcome of the matter).

20. Is disqualification mandatory where a judge is presently represented by
a lawyer who appears before
the judge in an
uncontested
matter?

21. Yes. JEAC Op
"It would be hard to imagine that litigants, even in uncontested matters, would not be distrustful of the impartiality of a judge in a matter in which a law firm presently representing a judge was the firm of record in a matter before that judge."

22. Canon 4D: A judge may be a member or an officer of "an organization
Canon 4D: A judge may be a member or an officer of "an organization devoted to the improvement of the law, the legal system or the administration of justice "

23. A judge must conduct quasi-judicial (apparently this means "law-related") activities so that they do not:
(1) cast reasonable doubt on the judge's
capacity to act impartially;
(2) demean the judicial office;
(3) interfere with the proper performance
of judicial duties.
Canon 4A

24. May a judge serve as president or as an elected officer of a local bar association?

25. No. JEAC Ops , 79-16,
A judge should not be placed in the position of being a spokesperson for the bar association membership on local bar matters.
See Fla. JEAC Op (judge may not serve as spokesperson in advertising campaign by Department of Highway Safety and Motor Vehicles encouraging use of child seats and advising as to laws mandating same because such participation would cast doubt on judge’s ability to act impartially in cases where persons are charged with violating those laws).
A judge should not seek election over a lawyer member of the same association.

26. May a judge serve as appointed chair of a local bar association committee?
Yes. JEAC Op

27. May a judge serve as chair of the Family Law Section of The Florida Bar?

28. Yes. JEAC Op
As chair the judge must "avoid direct involvement in any activities of the Section which could reflect adversely on the judge's impartiality."
See Fla. JEAC Op (judge may remain as member of executive council of the trial lawyers section of The Florida Bar and the American Board of Trial Advocates).

29. May a judge be a member of the Academy of Florida Trial Lawyers?

30. No. JEAC Op
Membership might cast reasonable doubt on the judge's capacity to act impartially. However, a judge may participate as a speaker or teacher at an event sponsored by an "aligned" bar association.
JEAC Ops. 87-3,

31. May a judge maintain membership in a voluntary bar association that endorses judicial candidates?

32. No. JEAC Op
Judges are prohibited by both the Code of Judicial Conduct and statutory law from endorsing any candidate for office.
The risk here is that a candidate may reasonably be expected to publicize the endorsement to an audience that is well aware of the judge’s membership.
Membership would also cast reasonable doubt on the judge’s capacity to act impartially because of the perception that the member judge might be motivated to obtain the endorsement of the judge’s organization.

33. Should a county judge serve as a spokesperson in an advertising campaign by the Florida DHSMV encouraging the use of child restraint seats and seatbelts?
No. JEAC Op

34. This raises numerous problems:
● Judge portrayed as pro-law enforcement;
● Persons who are ticketed for child restraint violations appear in county court;
● Persons challenging drivers license revocations may seek relief in the court
and the judge is already portrayed as aligned with DHSMV;
● DHSMV employees appear regularly as
witnesses.

35. Fundraising Activity Canon 4C:
(2) A judge as an officer, director, trustee or non-legal advisor, or as a member or otherwise:
(a) may assist such an organization in planning fund-raising and may participate in the management and investment of the organization's funds, but shall not personally or directly participate in the solicitation of funds, except that a judge may solicit funds from other judges over whom the judge does not exercise supervisory or appellate authority;
(b)  may appear or speak at, receive an award or other recognition at, be featured on the program of, and permit the judge’s title to be used in conjunction with an event of such an organization or entity, but if the event serves a fund-raising purpose, the judge may participate only if the event concerns the law, the legal system, or the administration of justice and the funds raised will be used for a law related purpose(s);