IN RE CANONS OF ETHICS GOVERNING ATTORNEYS
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The court amended Canon 23 of the Code of Ethics Governing Attorneys regarding relations with juries.
The court considered an amendment to Canon 23 of the Code of Ethics Governing Attorneys. The amendment specifically addresses attorney conduct and com…
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Canon 23, Code of Ethics Governing Attorneys, 31 F.S.A., entitled ATTITUDE TOWARD JURY, be and the same is hereby amended by striking all of Canon 23, and inserting in lieu thereof a new Canon 23 reading as follows, viz.:
“23. Relations With Jury.
“All attempts to curry favor with juries by fawning, flattery or pretended solicitude for their personal comfort are unprofessional. Suggestions of counsel, looking to the comfort or convenience of jurors, and propositions to dispense with argument, should be made to the Court out of the jury’s hearing.
■“Both before and during the trial, .a lawyer should avoid conversing or •otherwise communicating with a ju- or on any subject, whether pertaining to the case or not. Subject to any limitations imposed by law it is a lawyer’s right, after the jury has been discharged, to interview the jurors solely to determine whether their verdict is subject to any legal challenge provided he has reason to believe that ground for such challenge may exist, and further provided that prior to any such interview made by him or under his direction, he shall file in the cause, and deliver a copy to the trial judge and opposing counsel, a notice of intention to interview such juror or jurors setting forth in such notice the name of each such juror. The scope of the interview should be restricted and caution should be used to avoid embarrassment to any juror and to avoid influencing his action in any subsequent jury service.”
This amendment shall become effective June 15-, 1966,
It is so ordered.
THORNAL, C. J, and THOMAS, ROBERTS, DREW, CALDWELL, ERVIN and HOBSON (Retired), JTJ., concur.
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Branch v. State, 212 So. 2d 29 (Fla. 2d DCA 1968)…formal Opinion 535, and overruled in its Formal Opinion 319 issued August 26, 1967 (See 53 Am. Bar Journal 1127, December 1967). Canon 23 was amended by the Supreme Court of Florida in June 1966, In re Canons of Ethics Governing Attorneys (Fla.1966) 186 So. 2d 509, and now prohibits such an inquiry except to' challenge for legal cause and then only upon notice to the trial court and opposing counsel. This court has considered each point by which the appellants seek a reversal of the judgment appealed. There…
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Brassell v. Brethauer, 305 So. 2d 217 (Fla. 4th DCA 1974)…23 (the predecessor of Canon 7) so as to terminate indiscriminate interviewing of jurors by requiring that a lawyer have “reason to believe” and that he file notice of his intention to interview. In Re Canon of Ethics Governing Attorneys, Fla.1966, 186 So. 2d 509. It is interesting to note that the rule proposed by the Florida Bar did not contain the provision [*220] requiring the filing of written notice prior to any interview. That provision was gratuitously added by the Supreme Court. See Opinion 66-47, S…
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Dowd v. State, 227 So. 3d 194 (Fla. 2d DCA 2017)…rviewing of jurors by requiring that a lawyer have ‘reason to believe’ [the verdict was subject to challenge] and that he file notice of his intention to interview.” Brassell, 305 So. 2d at 219-20 (quoting In Re Canons of Ethics Governing Attorneys, 186 So. 2d 509, 510 (Fla. 1966)); see also Branch, 212 So. 2d at 32 (noting that Canon 23 prohibits inquiry by an attorney of a juror except to challenge for legal cause). Canon 23 was the predecessor of Disciplinary Rule 7-108(D) and Ethical Consideration 7-29 o…