IN RE CODE OF JUDICIAL CONDUCT
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The Florida Supreme Court amended Canons 7A(1) and 7C(3) of the Code of Judicial Conduct to clarify the political activity restrictions applicable to judges and judicial candidates. The amendments permit judicial candidates in public elections to attend political party functions to speak about their candidacy or matters relating to law and the legal system, provided certain conditions are met.
Judges and candidates are generally prohibited from political activities, but judicial candidates in public elections or merit retention candidates with certified opposition may attend political party functions to speak about their candidacy or matters related to law and the legal system, provided the function is not a fundraiser and invitations to speak include other candidates for that office.
[1] A judge or candidate for judicial office shall not act as a leader or hold an office in a political organization.
[2] A judge or candidate for judicial office shall not publicly endorse or publicly oppose another candidate for public office.
Previewing 2 of 6 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“a judge or a candidate for election or appointment to judicial office shall not: (a) act as a leader or hold an office in a political organization; (b) publicly endorse or publicly oppose another candidate for public office; (c) make speeches on behalf of a political organization; (d) attend political gatherings party functions; or (e) solicit funds for, pay an assessment to or make a contribution to a political organization or candidate”
Establishes the general prohibition on judges' and candidates' political activities
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Join FLexlaw to unlock all legal intelligenceThe Court issued amendments to its Code of Judicial Conduct on its own motion. The amendments address the scope of political activities prohibited for…
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PER CURIAM.
Upon our own motion, the Court hereby amends Canon 7A.(1) and Canon 7C.(3) of the Code of Judicial Conduct as follows:
A. All judges and Candidates.
(1) Except as authorized in Sections 7B(2), 7C(2) and 7C(3), a judge or a candidate for election or appointment to judicial office shall not:
(a) act as a leader or hold an office in a political organization;
(b) publicly endorse or publicly oppose another candidate for public office;
(c) make speeches on behalf of a political organization;
(d) attend political gatherings party functions; or
(e) 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.
C. Judges and Candidates Subject to Public Election.
(3) After qualifying for judicial office with4he appropriate-quallfying-officery-a A judicial candidate involved in an election or re-election, or a merit retention candidate who has certified that he or she has active opposition, may attend a political party function to speak in behalf of his or her candidacy or on a matter that relates to the law, the improvement of the legal system, or the administration of justice. The function must not be a fund raiser, and the invitation to speak must also include the other candidates, if any, for that office. The candidate should refrain from commenting on the candidate’s affiliation with any political party or other candidate, and should avoid expressing a position on any political issue. A judicial candidate attending a political party function must avoid conduct that suggests or appears to suggest support of or opposition to a political party, a political issue, or another candidate. Conduct limited to that described above does not constitute participation in a partisan political party activity. These amendments shall become effective immediately. However, within thirty days hereof any person may file with this Court comments directed toward the propriety or wisdom of these amendments for further consideration by the Court.
It is so ordered.
GRIMES, C.J., and OVERTON, SHAW, KOGAN, HARDING, WELLS and ANSTEAD, JJ., concur. NO MOTION FOR REHEARING WILL BE ALLOWED.
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In re Amendments TO the Code OF Jud. Conduct-Canon 7, 167 So. 3d 399 (Fla. 2015)…behalf of measures to improve the law, the legal system and the administration of justice, see Commentary to Section 4B and Section 4C and its Commentary. . We have jurisdiction. See art. V, § 2(a), Fla. Const.; see also In re Code of Jud. Conduct, 675 So. 2d 111 (Fla.1996) (amending Canon 7 on the Court’s own motion). . As used in this opinion, "active opposition” includes "any form of organized public opposition,” as explained in the Commentary to Canon 7. See Fla.Code of Jud. Conduct, Commentary to Canon…