Opinion 67-42
FLORIDA BAR ETHICS OPINION
OPINION 67-42
January 8, 1968
Advisory ethics opinions are not binding.
A member of The Florida Bar may participate in a program sponsored by the St.
Petersburg Legal Secretaries Association and sanctioned by the Bar Association of St. Petersburg
as a portion of the annual “Days in Court” project of the Legal Secretaries Association.
Canon:
27 [See current 4-7.11]
Chairman MacDonald stated the opinion of the committee:
Confirming the previous informal opinion given by the Chairman of the Committee, the
Committee finds no impropriety in a program sponsored by the St. Petersburg Legal Secretaries
Association and sanctioned by the Bar Association of St. Petersburg as a portion of the annual
“Days in Court” project of the Legal Secretaries Association. The project is more fully described
in the attached extract from the inquiry:
I am an honorary member of the St. Petersburg Legal Secretaries Association and
chairman of their “Days in Court” annual project. This year, we have expanded
this program from a single “Day in Court” presentation to a rather extensive
week-long series of activities. This organization will sponsor different stimulating
live action court programs each day in the Pinellas County Building during the
noon hour. These programs are being designed and used as public information
and education programs that will be open to the general public as well as the legal
profession. Members of the St. Petersburg Bar Association are supporting and
assisting in this project. In addition to the attorneys who will be appearing as
adversaries against each other in these moot court programs, there will be both
attorneys and judges who will be participating as fictitious witnesses.
The following is a resume of the events and participants of the week:
November 27 — Monday — Criminal prosecution of a bad check charge.
November 28 — Tuesday — Inquiry into the mental competency of a person.
November 29 — Wednesday — Contested adoption of a minor child.
November 30 — Thursday — Divorce: contest on alimony, child support,
financial and property problems.
December 1 — Friday — “Open Door Day,” all administrative and judicial
offices in the Pinellas County Building will have their doors open between 11:30
and 12:00 noon and there will be legal secretaries and administrative personnel
available for questions and answers regarding the operation of each respective
office.
In addition to the foregoing, there will be a special television production based upon an
actual manslaughter case which occurred in Pinellas County which will be videotaped on
November 18 and said tape will be shown on WLCY-TV on Thursday, November 30, between
10:00 and 11:00 p.m. The program is entitled “A Race to Judgment” and it involves two adults
who are illegally drag racing and, during the course of the race, one of the racing vehicles
collides at an intersection with another vehicle occupied by a bride and bridegroom. The bride is
killed as well as the operator of the racing vehicle. The second racing vehicle did not impact or
collide in any way. The operator of the second vehicle is the defendant being tried for
manslaughter on the theory of conspiracy to commit an unlawful act, i.e., drag racing on a
highway, and therefrom, death resulted. Judge Victor O. Wehle will preside.
Clair A. Davis, State Attorney in and for the Sixth Judicial Circuit will prosecute, Robert
F. Nunez, former Assistant United States Attorney in Tampa, and presently private practitioner
in St. Petersburg, will defend. A “Blue Ribbon” jury has been selected, composed of The
Honorable Don Jones, Mayor of St. Petersburg, Daniel O’Connor, District Manager of General
Telephone, James Hendry, Manager of the St. Petersburg AAA Motor Club, Arthur Anderson,
President, Florida National Bank, Mrs. C. R. Ruth Woodfill, prominent club woman, and Mrs.
David (Virginia) Ellis, Courthouse reporter for the St. Petersburg Times. There will be a
controlled audience for the video-taping composed of members of the St. Petersburg Legal
Secretaries Association and their families, members of the Legal Secretary classes at St.
Petersburg Junior College, students from Stetson University College of Law, students from the
Police Academy in St. Petersburg, members of all levels of the judiciary in Pinellas County, and
other members of the legal profession. This videotape, after its showing on television on
Thursday evening, November 30th, will be donated to Stetson University College of Law for use
in its trial practice course, at a special presentation on December 6th during the “Inns of Court
Program.” The television time for this production is being donated as a public service by
WLCY-TV and payment for the videotape film itself is being donated by the Florida National
Bank of St. Petersburg.
In summary, the questions that I posed to you this morning involve the identification and
utilization of the real names of the judges and attorneys who will appear in this public
information and education project. In the past, legal forums have been conducted in this
community as a public service open to the public, and the same have been also specially
televised. I, myself, have participated in these programs. At these times and on these occasions,
the identity of the attorneys participating were disclosed to the audiences as well as the fact that
the participants were attorneys. It is my position that there is no significant distinction between
our project and these other public information and educational endeavors.