FLORIDA NEWS ARCHIVE - JUDICIAL ETHICS, Rules
Florida Supreme Court doubles the number of ethics CLE hours required for Florida judges. [Added 12/15/10] -- In re: Amendments to Florida Rule of Judicial Administration 2.320, 51 So.3d 1151 (Fla. 2010).
Florida Supreme Court amends rules governing mediator advertising and marketing practices. [Added 4/2/10] -- In re: Amendments to the Florida Rules for Certified and Court-Appointed Mediators, 32 So.3d 611 (Fla. 2010).
Judicial Ethics Advisory Committee considers changes to procedures governing judicial disqualification motions. [Added 3/18/10] --
A subcommittee of the Florida Supreme Court's Judicial Ethics Advisory Committee is considering possible changes to the procedures governing judicial disqualification motions. One idea being examined is having the judge who is the subject of the motion to disqualify him or her rule only on the motion's facial sufficiency and having a second judge who would rule on the substance of the underlying reasons offered in the motion.
For more information, click here to read an article in the March 15, 2010, issue of the Florida Bar News.
Florida Supreme Court amends Florida Rules of Judicial Administration concerning judicial disqualification motions. [Added 7/15/08] -- In re: Amendments to the Florida Rules of Judicial Administration, 986 So.2d 560 (Fla. 2008).
Florida Supreme Court extends provisions of Code of Judicial Conduct to non-judge candidates for judicial office. [Added 7/6/08] -- In re: Amendment to the Code of Judicial Conduct – Amendments to Canon 7, 985 So.2d 1073 (Fla. 2008).
Florida Supreme Court amends Code of Judicial Conduct, expanding judges' ability to ethically participate in fundraising activities. [Added 6/25/08] -- In re: Amendments to the Code of Judicial Conduct - Limitations on Judges' Participation in Fundraising Activities, 983 So.2d 550 (Fla. 2008).
ABA approves changes to Model Code of Judicial Conduct. [Added 3/12/07] -- On February 12, 2007, the ABA House of Delegates approved changes to the ABA Model Code of Judicial Conduct. More than 3 years of work by the ABA Joint Commission to Evaluate the Model Code of Judicial Conduct resulted in recommended amendments. The revised Code employs a new format, with Canons now followed by black-letter Rules. Notably, the revised Code includes a requirement that judges avoid both impropriety and the "appearance of impropriety." For informational and comparative purposes, the revised Code is accompanied by helpful "Reporters' Explanation of Changes." To view the ABA Model Code of Judicial Conduct as revised February 12, 2007, click here. To view background information on the changes and the process that led to them, click here.
Florida Code of Judicial Conduct amended to conform to 2003 revisions to ABA Model Code. [Added 1/5/05]
The Florida Supreme Court has amended the Florida Code of Judicial Conduct to conform to the 2003 revisions to the American Bar Association Model Code of Judicial Conduct. The Court had asked the Judicial Ethics Advisory Committee to study the matter, and adopted the recommendations submitted by the Committee.
Amended were Canons 2, 3, and 7, as well as the "Definitions" and "Application" sections. The amendments primarily relate to the impartiality of a judge with respect to matters that might come before him or her, and most deal with public comments that a judge or candidate might make that could affect impartiality or the appearance of impartiality. Key amendments are summarized below.
Definitions. The terms "impartial" and "impartiality" are now included in the "Definitions" section of the Code. They denote "absence of bias or prejudice in favor of, or against, particular parties or classes of parties, as well as maintaining an open mind in considering issues that may come before the judge."
Commentary to Canon 2A. Adds "the restrictions on judicial speech imposed by Sections 3B(9) and (10)" [concerning making statements that might be or be viewed as partial or unfair] as examples of restrictions on a judge's conduct that might be necessary to protect the "integrity, impartiality, and independence of the judiciary." Related language has been added to the Commentary to Canon 3B.
Canon 3B. Subsection (10) now states: "A judge shall not, with respect to parties or classes of parties, cases, controversies or issues likely to come before the court, make pledges, promises or commitments that are inconsistent with the impartial performance of the adjudicative duties of the office."
Canon 3E. Adds a provision stating that a judge should disqualify himself or herself in situations where "the judge, while a judge or a candidate for judicial office, has made a public statement that commits, or appears to commit, the judge with respect to: (i) parties or classes of parties in the proceeding; (ii) an issue in the proceeding; or (iii) the controversy in the proceeding."
Canon 7A. Revises the provision concerning public promises or commitments by judicial candidates to state that a candidate for judicial office shall not "with respect to parties or classes of parties, cases, controversies, or issues that are likely to come before the court, make pledges, promises, or commitments that are inconsistent with the impartial performance of the adjudicative duties of the office."
"Application" section. Changes references to "magistrates" to "civil traffic infraction hearing officers."
In re: Amendment to Code of Judicial Conduct - American Bar Association's Model Code of Judicial Conduct, 918 So.2d 949 (Fla. 2006).
Fla.R.Jud.Admin. 2.060 amended to prohibit all full-time court employees from practicing law while so employed. In re: Amendments to the Rules of Judicial Administration (Two-Year Cycle), 915 So.2d 157 (Fla. 2005).
Supreme Court amends Code of Judicial Conduct and other rules governing Senior Judges who also serve as mediators. In re: Report of the Alternative Dispute Resolution Rules and Policy Committee on Senior Judges as Mediators, 915 So.2d 145 (Fla. 2005).
Supreme Court amends Judicial Code Canon 7 on public statements by judicial candidates concerning pending cases. Amendment to Code of Judicial Conduct, Canon 7 (Political Activity), 897 So.2d 1262 (Fla. 2005).
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