FLORIDA BAR ETHICS OPINION
July 23, 1969
Advisory ethics opinions are not binding.
An attorney should not sit even temporarily as a judge of a court in which he is normally a
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Opinion 60-22 [since withdrawn].