There will be many contested judicial elections across the State of Florida in 2010. Judicial elections historically get limited media coverage. This includes County Court Judges and Circuit Court Judges. The rules of candidate conduct are almost never explained to the public. An overview of these rules is provided in this article.
Florida judges must not only be fair and impartial, but must avoid even the appearance of impropriety. The Florida Supreme Court has adopted the Judicial Code of Conduct to guide judges in their conduct. It consists of Seven Canons.
The Judicial Code of Conduct
The Canons for Judges are as follows:
- Canon 1. A Judge Shall Uphold the Integrity and Independence of the Judiciary
- Canon 2. A Judge Shall Avoid Impropriety and the Appearance of Impropriety in all of the Judge's Activities
- Canon 3. A Judge Shall Perform the Duties of Judicial Office Impartially and Diligently
- Canon 4. A Judge Is Encouraged to Engage in Activities to Improve the Law, the Legal System, and the Administration of Justice
- Canon 5. A Judge Shall Regulate Extrajudicial Activities to Minimize the Risk of Conflict With Judicial Duties
- Canon 6. Fiscal Matters of a Judge Shall be Conducted in a Manner That Does Not Give the Appearance of Influence or Impropriety; etc.
- Canon 7. A Judge or Candidate for Judicial Office Shall Refrain From Inappropriate Political Activity
Canon 7 Specifically Applies to Candidates and Campaign Conduct
Each Canon is further explained in the Code. Of note is Canon 7, applying to candidates for judicial office. When someone becomes a candidate for elective judicial office, he must acknowledge reading and understanding the Florida Judicial Code of Conduct. This acknowledgement takes place by filing the following:
STATEMENT OF CANDIDATE FOR JUDICIAL OFFICE
I, ___________________________, the judicial candidate, have received, have read, and understand the requirements of the Florida Code of Judicial Conduct.
___ Signature of Candidate ___
___ Date ___
Canon 7, Refraining from Inappropriate Political Activity for Judges & Candidates
Canon 7 has sections covering various situations. As the public is most likely to interact with candidates involved in a public election, those restrictions are of most interest.
Florida judicial elections are non-partisan (not involving Republicans, Democrats or any other party). There are rules against judicial candidates participating in political activity. These are part of Canon 7. Though limited exceptions exist, those rules say a candidate may not:
- act as a leader or hold an office in a political organization;
- publicly endorse or publicly oppose another candidate for public office;
- make speeches on behalf of a political organization;
- attend political party functions; or
- solicit funds for, pay an assessment to or make a contribution to a political organization or candidate, or purchase tickets for political party dinners or other functions.
Judicial Candidates May Not Ask For Contributions or Endorsements from Lawyers
Like any other election, judicial elections require funds and support to operate. Canon 7 is sensitive to this area, especially when it comes to lawyers supporting judicial candidates. Certainly an appearance of impropriety arises when a candidate for judge asks for financial or other support from lawyers that may come before him.
A judicial candidate is prohibited from himself asking for campaign funds. Just as importantly, a judicial candidate cannot personally ask other lawyers for public statements of support. A committee may be established to do so, but a judicial candidate himself may not ask for funds from anyone or specifically endorsements from attorneys.
The Candidate’s Family and Employees are To be Encouraged to Follow the Same Rules
Judicial candidates must be faithful to the law maintaining professional competence while maintaining the appropriate judicial dignity and encourage the candidate’s family to follow the same standards. A candidate’s employees are not to do what a candidate is prohibited from doing. The maintaining of a political impartiality is important not only for the candidate but for those around him. This also applies not only to political activity, but ongoing cases pending in court.
Judicial Ethics Advisory Committee
In order to assist judges and judicial candidates, the Florida Supreme Court has established the Judicial Ethics Advisory Committee. This committee assists judges and candidates in answering questions regarding the rules. The public should be aware that the rules are taken very seriously.
Disciplinary Process for Failing to Follow the Rules
For judges that fail to follow the rules there is a disciplinary process through the judiciary. For candidates that fail to follow the rules, there is a distinct process. Since being eligible to practice law in Florida is a requirement to run for judge, should a judicial candidate not follow the duties imposed by Canon 7, he/she can be disciplined through the procedures for disciplining lawyers which can include suspension or loss of the license to practice law.
David J. Shestokas - Mr. Shestokas is a former prosecutor & writes on the Constitution & legal issues for the Save America Foundation & Suite 101.
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