The Florida Bar
www.floridabar.org
PROFESSIONAL ETHICS OF THE FLORIDA BAR

OPINION 69-26
July 23, 1969

An attorney should not sit even temporarily as a judge of a court in which he is normally a prosecuting officer.

Canon: 6
Opinion: 60-22

Chairman MacDonald stated the opinion of the committee:

An inquirer who serves as town attorney and prosecutor in the local municipal court has been asked to serve as judge of the municipal court in the absence of a municipal judge. It would be understood that he would not serve in a judicial capacity in any case in which he has participated in any way in connection with his duties as town attorney or prosecutor. We think it improper in this instance for an attorney to sit temporarily as a judge of a court in which he is normally a prosecuting officer, in view of his natural relationship as the normal legal advisor of the arresting officers which would render his positions hopelessly in conflict. Compare our Opinion 60-22 [since withdrawn].

[Revised: 08-24-2011]