On Monday, August 12, 2024, The Florida Bar published an article about an advisory opinion issued by the Judicial Ethics Advisory Committee regarding a judge’s attendance at their spouse’s political watch party.
The opinion, No. 2024-11, was in response to a question from a judge who was not running for election or retention about attending their spouse’s victory/watch party. The spouse was running for the partisan position of school superintendent and planned to hold a “watch party” in a local hotel ballroom for supporters to gather on election night.
The committee advised against the judge attending the event. While acknowledging the judge would want to be with their spouse to celebrate or commiserate depending on the election outcome, the panel determined a watch party for a partisan race is considered a “political function” prohibited under Canon 7A(1)(d) of the Code of Judicial Conduct.
Watch parties for partisan contests often take on characteristics of partisan rallies, and one for a specific race could morph into an event for all partisan races that election cycle. As such, even a post-election gathering carries the risk of being seen as a political event, which judges not up for election may not attend per Canons 7A(1)(d) and 7D.
While recognizing the “awkward imposition” the ethics rules place on judges in these situations, the committee stood by its determination. Judges have to avoid any public functions that appear partisan in nature to maintain impartiality and the proper separation between the judicial branch and political activities.
The opinions issued by the Judicial Ethics Advisory Committee provide guidance to judges and candidates but are not binding on the Judicial Qualifications Commission, which can consider ethics complaints. The committee aims to help judges navigate ethical issues around political involvement.
Source: The Florida Bar
