Judges may not hire family members, but may speak at firm-sponsored seminars aimed at law students
Like many businesses, Florida’s courts are caught in the national labor crunch. While a creative, out-of-the-box approach is needed to fulfill staffing shortages, judges are still prohibited from hiring family members, according to the Judicial Ethics Advisory Committee.
The Supreme Court committee issued Opinion 2022-12 October 3, which responded to a judge on whether the Code of Judicial Conduct would allow the judge to hire the judge’s spouse as a judicial assistant. The assistant position has been vacant in the judge’s office for some time.
The judge asked the committee to reconsider the opinion reached in Fla. JEAC Op. 2015-09, which “dealt with the question of whether a judge could continue to employ the judicial assistant after the assistant’s marriage to the judge’s son.”
In that case, the committee concluded that the “assistant’s continued employment with the judge would be prohibited.” The committee cited Canons 2A and 3C(4), which mandate that judges must respect and comply with the law and require judges to avoid nepotism.
The inquiring judge felt that Section 112.3135 of Florida Statutes, which outlines the restriction of employment of relatives, didn’t apply to elected judges because the Legislature left out “judges” in the list of examples of some who are included as a “public official.”
The committee ruled that the judge’s interpretation of the application of the statute is not correct.
“The Legislature’s choice to use the word ‘including’ to list some of the ‘officers’ to whom the definition of ‘public official’ applies, does not mean that other persons or entities, like judges, would be excluded. This follows the conventional rule in Florida that the Legislature uses the word ‘including’ in a statute as a word of expansion, not one of limitation,” the committee stated.
The committee also issued Opinion 2022-11 allowing judges to participate as speakers in legal seminars geared toward the mentorship of law students and presented by a statewide law firm.
The firm will host a seminar called the “Leadership Training Academy” targeted toward law students at every law school in Florida. The academy’s mission is to “serve and inspire the next generation of Florida attorneys by providing them with substantive leadership, legal training, and mentorship opportunities while they are law students.”
In the past, the committee has previously discouraged a judge from participating in programs presented by firms. In those instances, however, the firms solicited the assistance of the judge to teach and participate in training the firm’s associates.
In this case, however, the judge has been asked to participate in an educational seminar for law students throughout the state, and “that a private law firm hosts the seminar is not a disqualifying factor.”
The committee cited Canon 4B, which states:
“As a judicial officer and person specially learned in the law, a judge is in a unique position to contribute to the improvement of the law, the legal system, and the administration of justice…. To the extent that time permits, a judge is encouraged to do so, either independently or through a bar association, judicial conference or other organization dedicated to the improvement of the law.”
“A judge is encouraged to engage in activities to improve the law, the legal system, and the administration of justice,” the committee said.
The Judicial Ethics Advisory Committee is charged with rendering advisory opinions to judges and judicial candidates on the application of the Code of Judicial Conduct to their circumstances. While judges and candidates may cite the opinion as evidence of good faith, the opinions are not binding on the Judicial Qualifications Commission.
