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FLORIDA NEWS ARCHIVE - JUDICIAL ETHICS, Rules

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).

 

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).

 

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).

 

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).

 

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).

 

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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