On Thursday, February 6, 2025, the Florida Judicial Ethics Advisory Committee (JEAC) issued an opinion asserting that judges in Florida must comply with subpoenas and testify when called upon, even in cases concerning former interns. This ruling clarifies the legal obligations of judges in response to subpoenas, reinforcing that they are required to participate in relevant legal proceedings.

The committee’s guidance came in response to an inquiry from a judge who sought clarification on their ability to testify on behalf of a former intern at a reinstatement hearing before The Florida Bar. The intern in question had previously worked under the inquiring judge and was denied admission or reinstatement due to allegations of dishonesty regarding her termination from a prior law firm and financial irresponsibility.

The intern is currently appealing the decision and has requested that the inquiring judge testify in support of her case. In its opinion, the JEAC referenced Canons 2A and B of the Florida Code of Judicial Conduct, which outline the ethical responsibilities of judges in relation to the law and public confidence in the judiciary.

Canon 2A mandates that judges respect and comply with the law while promoting public confidence in the judicial system. Canon 2B stipulates that judges should not use their judicial position to benefit private interests and should refrain from voluntarily serving as character witnesses. The JEAC noted that the commentary associated with these canons allows judges to testify if they are subpoenaed, but advises against voluntarily testifying as character witnesses.

In this specific case, the JEAC emphasized that while the inquiring judge should discourage being called as a character witness, compliance with a subpoena is a legal obligation. The committee’s opinion reiterates that judges must follow the law and, if subpoenaed, are required to appear and provide testimony as requested.

The JEAC serves to provide advisory opinions to judges and judicial candidates regarding the application of the Florida Code of Judicial Conduct. Although these opinions can demonstrate a judge’s good faith in ethical matters, they are not binding on the Judicial Qualifications Commission.

 

 

Source: The Florida Bar