On Tuesday, November 19, 2024, the Florida Judicial Ethics Advisory Committee issued an opinion regarding the ability of judges to establish and serve on nonprofit organizations aimed at improving the law and the legal system. According to Opinion Number 2024-16, judges are permitted to create and participate in nonprofit organizations as long as these entities maintain a non-partisan stance.
The inquiry arose when a judge proposed the formation of an independent, grant-funded nonprofit focused on promoting civics literacy and civil discourse. This organization would aim to educate the public about the judicial branch, significant historical judicial cases, and the decision-making processes within the judiciary. The committee expressed support for such initiatives, emphasizing the importance of educating the public about the courts’ vital role.
However, the committee outlined specific restrictions that the judge must adhere to while engaging with the nonprofit. Notably, the judge is prohibited from participating in fundraising activities or soliciting grants for the organization. Additionally, the judge must avoid using their judicial position to request funds or grants, as this could compromise the integrity of the judicial office.
The committee also cautioned the judge against taking personal stances on any legal issues that might eventually come before the court. This guidance aligns with previous rulings, specifically referring to Opinion 200-02, which addressed concerns about judges publishing articles that could be perceived as prejudging legal matters.
In its advisory opinion, the committee referenced Canon 4B of the Code of Judicial Conduct, which encourages judges to engage in speaking, writing, lecturing, and teaching. Canon 4D further supports judges’ involvement as members or advisors in organizations similar to the proposed nonprofit, thus legitimizing the judge’s intent to promote legal education while adhering to ethical guidelines.
The Judicial Ethics Advisory Committee’s role is to provide advisory opinions to judges and judicial candidates regarding the application of the Code of Judicial Conduct. While judges may rely on these opinions as evidence of good faith, it is important to note that such opinions are not binding on the Judicial Qualifications Commission.
This ruling marks a significant development in the intersection of judicial ethics and public education initiatives, allowing judges to contribute to civic engagement while maintaining the necessary ethical boundaries set forth by the judicial conduct guidelines.
Source: The Florida Bar
