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Proposed amendments to the Code of Judicial Conduct

Proposed amendments to the Code of Judicial Conduct

The Florida Supreme Court, on its own motion, is considering amending Canon 6 of the Code of Judicial Conduct to remove the requirement that judges file financial disclosure and gift disclosure reports with the Florida Commission on Ethics (Ethics Commission). Under the amendments, judges’ disclosure reports will continue to be filed with the Judicial Qualifications Commission. The Ethics Commission requested the amendments because according to the Ethics Commission, it does not have jurisdiction over judges and neither article II, section (8) of the Florida Constitution nor any law requires that a judge’s financial disclosure report be filed with that Commission. See art. II, § (8)(f), Fla. Const. (creating Ethics Commission and excluding from its jurisdiction public officers within the jurisdiction of the Judicial Qualifications Commission); cf. In re Fla. Bar Petition for Advisory Opinion, 316 So. 2d 45 (Fla. 1975) (recognizing that financial disclosure law enacted by legislature does not apply to officers of judicial branch and code of judicial conduct governs the filing of financial disclosure reports by judicial officers).

The Court invites all interested persons to comment on the amendments under consideration, which are reproduced in full below, as well as online at http://www.floridasupremecourt.org/decisions/proposed.shtml. The Court specifically seeks comments from the Judicial Ethics Advisory Committee. All comments, along with a separate request for oral argument if the person filing the comment wishes to participate in oral argument, which may be scheduled in this case, must be filed with the Court on or before May 15, 2015. If filed by an attorney in good standing with The Florida Bar, the comment must be electronically filed via the Portal in accordance with In re Electronic Filing in the Supreme Court of Florida via the Florida Courts E-Filing Portal, Fla. Admin. Order No. AOSC13-7 (Feb. 18, 2013). If filed by a nonlawyer or a lawyer not licensed to practice in Florida, the comment must be electronically filed via e-mail in accordance withIn re Mandatory Submission of Electronic Copies of Documents, Fla. Admin. Order No. AOSC04-84 (Sept. 13, 2004). Electronically filed documents must be submitted in Microsoft Word 97 or higher. Any person unable to submit a comment electronically must mail or hand-deliver the originally signed comment to the Florida Supreme Court, Office of the Clerk, 500 South Duval Street, Tallahassee, Florida 32399-1927; no additional copies are required or will be accepted.

IN RE: AMENDMENTS TO THE CODE OF JUDICIAL CONDUCT —CANON 6, CASE NO. SC15-465

Canon 6. Fiscal Matters of a Judge Shall be Conducted in a Manner That Does Not Give the Appearance of Influence or Impropriety; a Judge Shall Regularly File Public Reports as Required by Article II, Section 8, of the Constitution of Florida, and Shall Publicly Report Gifts; Additional Financial Information Shall be Filed With the Judicial Qualifications Commission to Ensure Full Financial Disclosure

< p> A. [No Change]

< p> B. Public Financial Reporting.

< p>(1) Income and Assets. A judge shall file such public report as may be required by law for all public officials to comply fully with the provisions of Article II, Section 8, of the Constitution of Florida. 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 with the Florida Commission on Ethics on the date prescribed by law, and a copy shall be filed simultaneously with the Judicial Qualifications Commission on or before July 1 of each year.

< p>(2) Gifts. A judge shall file a public report of all gifts which are required to be disclosed under Canon 5D(5)(h) of the Code of Judicial Conduct. The report of gifts received in the preceding calendar year shall be filed with the Florida Commission on EthicsJudicial Qualifications Commission on or before July 1 of each year. A copy shall be filed simultaneously with the Judicial Qualifications Commission.

< p>(3) Disclosure of Financial Interests Upon Leaving Office. A judge shall file a final disclosure statement within 60 days after leaving office, which report shall cover the period between January 1 of the year in which the judge leaves office and his or her last day of office, unless, within the 60-day period, the judge takes another public position requiring financial disclosure under Article II, Section 8, of the Constitution of Florida, or is otherwise required to file full and public disclosure for the final disclosure period. The form for disclosure of financial interests upon leaving office shall be that recommended or adopted by the Florida Commission on Ethics for use by all public officials. The form shall be filed with the Florida Commission on Ethics and a copy shall be filed simultaneously with the Judicial Qualifications Commission.

< p> C. – D. [No Change]

Canon 6A. [No Change]

Canon 6C. Subparagraph A prescribes guidelines for additional compensation and the reimbursement of expense funds received by a judge.

< p>Subparagraphs B and C prescribe the three types of financial disclosure reports required of each judicial officer.

< p>The first is the Ethics Commission’s constitutionally required form pursuant to Article II, Section 8, of the Constitution. It must be filed with the Judicial Qualifications Commission on or before July 1 of each year as prescribed by law. The financial reporting period is for the previous calendar year. A final disclosure statement generally is required when a judge leaves office. The filing of the income tax return is a permissible alternative.

< p>The second is a report of gifts received during the preceding calendar year to be filed publicly with the Florida Commission on Ethics EthicsJudicial Qualifications Commission. The gifts to be reported are in accordance with Canon 5D(5)(h). This reporting is in lieu of that prescribed by statute as stated in the Supreme Court’s opinion rendered in In re Code of Judicial Conduct, 281 So. 2d 21 (Fla.1973). The form for this report is as follows:

All judicial officers must file with the Florida Commission on Ethics Judicial Qualifications Commission a list of all gifts received during the preceding calendar year of a value in excess of $100.00 as provided in Canon 5D(5) and Canon 6B(2) of the Code of Judicial Conduct.

Name: _________________________________________________________

< p> Telephone: ______________________________________________________

< p> Address: ________________________________________________________

< p> Position Held: ___________________________________________________

< p> Please identify all gifts you received during the preceding calendar year of a value in excess of $100.00, as required by Canon 5D(5) and Canon 6B(2) of the Code of Judicial Conduct.

< p>__________________________________________________________________

< p>__________________________________________________________________

< p>__________________________________________________________________

< p>__________________________________________________________________

< p>__________________________________________________________________

State of Florida

County of __________

< p> I, __________, the public official filing this disclosure statement, being first duly sworn, do depose on oath and say that the facts set forth in the above statement are true, correct, and complete to the best of my knowledge and belief.

< p>___________________________________

< p> (Signature of Reporting Official)

< p>______________________________________________

< p> (Signature of Officer Authorized to Administer Oaths)

My Commission expires _____________.

Sworn to and subscribed before me this

< p>__________ day of ____________, 20.

The third financial disclosure report is prescribed in subparagraph C. This provision ensures that there will be complete financial information for all judicial officers available with the Judicial Qualifications Commission by requiring that full disclosure be filed confidentially with the Judicial Qualifications Commission in the event the limited disclosure alternative is selected under the provisions of Article II, Section 8.

The amendment to this Canon requires in 6B(2) a separate gift report to be filed with the Florida Commission on EthicsJudicial Qualifications Commission on or before July 1 of each year. The form to be used for that report is included in the commentary to Canon 6. It should be noted that Canon 5, as it presently exists, restricts and prohibits the receipt of certain gifts. This provision is not applicable to other public officials.

< p>With reference to financial disclosure, if the judge chooses the limited disclosure alternative available under the provision of Article II, Section 8, of the Constitution of Florida, without the inclusion of the judge’s Federal Income Tax Return, then the judge must file with the Commission a list of the names of corporations or other business entities in which the judge has a financial interest even though the amount is less than $1,000. This information remains confidential until a request is made by a party to a cause before the judge. This latter provision continues to ensure that complete financial information for all judicial officers is available with the Judicial Qualifications Commission and that parties who are concerned about a judge’s possible financial interest have a means of obtaining that information as it pertains to a particular cause before the judge.

< p>Canon 6D. [No Change]