The Florida Bar

November 25, 1959

It is not improper for an attorney who is also a county Commissioner to practice before circuit judges even though the county commission exercises control of the court's space allotment, budget and supplemental salary.

Canon: 6

Chairman Holcomb stated the opinion of the committee:

The following question was presented to the Committee:

“Is it proper for a member of the Bar, who is also a County Commissioner, to actively try cases before a Circuit Court whose allotment of space, departmental budget and supplemental salary are controlled by the County Commission of which the particular member of the Bar is a member?”

We find no impropriety in such action on the part of the County Commissioner. To hold otherwise would be to rule that members of the Legislature, who have control over salaries and other features of practice before circuit and other judges, would be unable to practice at all.

Admittedly, it would be possible for a judge to be influenced by the ability of the attorney in his capacity as a County Commissioner to influence his work conditions and salary, but we feel that the probabilities are so slight that no ruling should be made against such practice.

[Revised: 08-24-2011]