The Florida Senate

440.442  Code of Judicial Conduct.--The Chief Judge, and judges of compensation claims shall observe and abide by the Code of Judicial Conduct as provided in this section. Any material violation of a provision of the Code of Judicial Conduct shall constitute either malfeasance or misfeasance in office and shall be grounds for suspension and removal of such Chief Judge, or judge of compensation claims by the Governor.

(1)  A JUDGE SHOULD UPHOLD THE INTEGRITY AND INDEPENDENCE OF THE JUDICIARY.--An independent and honorable judiciary is indispensable to justice in our society. A judge should participate in establishing, maintaining, and enforcing, and should himself or herself observe, high standards of conduct so that the integrity and independence of the judiciary may be preserved. The provisions of this code should be construed and applied to further that objective.

(2)  A JUDGE SHOULD AVOID IMPROPRIETY AND THE APPEARANCE OF IMPROPRIETY IN ALL HIS OR HER ACTIVITIES.--

(a)  A judge should respect and comply with the law and should conduct himself or herself at all times in a manner that promotes public confidence in the integrity and impartiality of the judiciary.

(b)  A judge should not allow his or her personal relationships to influence his or her judicial conduct of judgment. A judge should not lend the prestige of the office to advance the private interest of others; nor convey or authorize others to convey the impression that they are in a special position to influence him or her. A judge should not testify voluntarily as a character witness.

(3)  A JUDGE SHOULD PERFORM THE DUTIES OF OFFICE IMPARTIALLY AND DILIGENTLY.--The judicial duties of a judge take precedence over all his or her other activities. The judicial duties include all the duties of office prescribed by law. In the performance of these duties, the following standards with respect to adjudicative responsibilities apply:

(a)  A judge should be faithful to the law and maintain professional competence in it. A judge should be unswayed by partisan interests, public clamor, or fear of criticism.

(b)  A judge should maintain order and decorum in proceedings.

(c)  A judge should be patient, dignified, and courteous to litigants, jurors, witnesses, lawyers, and others with whom he or she must deal in an official capacity, and should request similar conduct of lawyers, and of his or her staff, court officials, and others subject to his or her direction and control.

(4)  A JUDGE MAY ENGAGE IN ACTIVITIES TO IMPROVE THE LAW, THE LEGAL SYSTEM, AND THE ADMINISTRATION OF JUSTICE.--A judge, subject to the proper performance of his or her judicial duties, may engage in the following quasi-judicial activities, if in doing so he or she does not cast doubt on his or her capacity to decide impartiality on any issue that may come before him or her:

(a)  Speak, write, lecture, teach, and participate in other activities concerning the law, the legal system, and the administration of justice.

(b)  Appear at a public hearing before an executive or legislative body or official on matters concerning the law, the legal system, and the administration of justice, and may otherwise consult with an executive or legislative body or official, but only on matters concerning the administration of justice.

(c)  Serve as a member, officer, or director of an organization or governmental agency devoted to the improvement of the law, the legal system, or the administration of justice and assist such an organization in raising funds and may participate in their management and investment, but should not personally participate in public fundraising activities.

(d)  Make recommendations to public and private fund-granting agencies on projects and programs concerning the law, the legal system, and the administration of justice.

(5)  A JUDGE SHOULD REGULATE EXTRAJUDICIAL ACTIVITIES TO MINIMIZE THE RISK OF CONFLICT WITH JUDICIAL DUTIES.--

(a)  Avocational activities.--A judge may write, lecture, teach, and speak on nonlegal subjects, and engage in the arts, sports, or other social and recreational activities, if such avocational activities do not detract from the dignity of the office or interfere with the performance of judicial duties.

(b)  Civil and charitable activities.--A judge may not participate in civic and charitable activities that reflect adversely upon his or her impartiality or interfere with the performance of his or her duties. A judge may serve as an officer, director, trustee, or nonlegal advisory of an educational, religious, charitable, fraternal, or civic organization not conducted for the economic or political advantage of its members, subject to the following limitations:

1.  A judge should not serve if it is likely that the organization will be engaged in proceedings that would ordinarily come before him or her or will be regularly engaged in adversary proceedings in any court.

2.  A judge should not solicit funds for any educational, religious, charitable, fraternal, or civil organization, or use or permit the use of the prestige of the office for that purpose, but may be listed as an officer, director, or trustee of such an organization. A judge should not be a speaker or a guest of honor at any organization's fundraising events, but may attend such events.

3.  A judge should not give investment advice to such an organization, but may serve on its board of directors or trustees even though it has the responsibility for approving investment decisions.

(c)  Financial activities.--

1.  A judge should refrain from financial and business dealings that tend to reflect adversely on his or her impartiality, interfere with the proper performance of his or her judicial duties, exploit his or her judicial position, or involve the judge in frequent transactions with lawyers or persons likely to come before the court on which he or she serves.

2.  Subject to the requirements of subsection (1), a judge in an individual or corporate capacity may hold and manage investments, including real estate, and engage in other remunerative activity, but should not serve as an officer, director, manager, advisor, or employee of any business, except a closely held family business that does not conflict with subsection (1).

3.  A judge should manage his or her investments and other financial interests to minimize the number of cases in which he or she is disqualified. As soon as the judge can do so without serious financial detriment, he or she should divest himself or herself of investments and other financial interests that might require frequent disqualifications.

4.  A judge should not accept a gift, bequest, favor, or loan from anyone except as follows:

a.  A judge may accept a gift incident to a public testimonial to him or her; books supplied by publishers on a complimentary basis for official use; or an invitation to the judge and spouse to attend a bar-related function or activity devoted to the improvement of the law, the legal system, or the administration of justice;

b.  A judge may accept ordinary hospitality; a gift, bequest, favor, or loan from a relative; a wedding or an engagement gift; a loan from a lending institution in its regular course of business on the same terms generally available to persons who are not judges; or a scholarship or fellowship awarded on the same terms applied to other applicants;

c.  A judge may accept any other gift, bequest, favor, or loan exceeding $100 only if the donor is not a party or other person whose interests have recently come or may likely come before him or her in the immediate future.

5.  A judge should make a reasonable effort to be informed about the personal financial interests of members of his or her family residing in the judge's household and shall report any gift, bequest, favor, or loan received thereby of which he or she has knowledge and which tends to reflect adversely on his or her impartiality, in the same manner as he or she reports compensation in subsection (6).

6.  For the purpose of this section, "member of his or her family residing in the judge's household" means any relative of a judge by blood or marriage, or a person treated by a judge as a member of his or her family, who resides in the judge's household.

7.  A judge is not required by this section to disclose his or her income, debts, or investments, except as provided in subsections ¹(3) and (6).

8.  Information required by a judge in which his or her judicial capacity should not be used or disclosed by the judge in financial dealings or for any other purpose not related to his or her judicial duties.

(6)  Fiscal matters of a judge should be conducted in a manner that will not give the appearance of influence or impropriety. A judge should regularly file public reports as required by s. 8, Art. II of the State Constitution, and should publicly report gifts.

(a)  Compensation for quasi-judicial and extrajudicial services and reimbursement of expenses.--A judge may receive compensation and reimbursement of expenses for the quasi-judicial and extrajudicial activities permitted by this section, if the source of such payments does not give the appearance of influencing the judge in his or her judicial duties or otherwise give the impression of impropriety subject to the following restrictions:

1.  Compensation: Compensation should not exceed a reasonable amount nor should it exceed what a person who is not a judge would receive for the same activity.

2.  Expense reimbursement: Expense reimbursement should be limited to the actual cost of travel, food, and lodging reasonably incurred by the judge and, where appropriate to the occasion, to his or her spouse. Any payment in excess of such an amount is compensation.

(b)  Public financial reporting.--

1.  Income and assets: A judge shall file such public reports as may be required by law for all public officials to comply fully with the provisions of s. 8, Art. II of the State Constitution. The form for public financial disclosure shall be that recommended or adopted by the Florida Commission on Ethics for use by all public officials. The form shall be filed in the office of the Secretary of State on the date prescribed by law.

2.  Gifts: A judge shall file a public report of all gifts which are required to be disclosed under s. 112 [Canon 5C(4)(c) of the Code of Judicial Conduct]. The report of gifts received in the preceding calendar year shall be filed in the office of the Secretary of State on or before July 1 of each year.

History.--ss. 13, 23, ch. 78-300; ss. 34, 124, ch. 79-40; ss. 18, 21, ch. 79-312; s. 16, ch. 80-236; s. 43, ch. 89-289; s. 56, ch. 90-201; s. 52, ch. 91-1; s. 13, ch. 91-46; s. 39, ch. 93-415; s. 127, ch. 97-103; s. 16, ch. 99-7.

¹Note.--Subsection (3) does not reference disclosure.