Supreme Court narrows scope of judicial referrals in Bar complaints
The Florida Supreme Court agreed to revise a Bar rule after sponsors noted that some judges were referring election opponents for potential disciplinary action.
The Supreme Court agreed to amend Rule 3-7.18 (Disposition of Inquiries or Complaints Referred to the Bar by Members of the Judiciary).
“Rule 3-7.18(a)(2) is amended to limit the applicability of the judicial referral process,” the order states. “Under the amended rule, a judicial referral may not address ‘allegations of violations of canons, rules, or law relating to judicial elections.’”
Sponsors said the amendments were needed, at least in part, to address concerns about maintaining the appearance of impartiality.
“The bar has received referrals from judges regarding opponents in judicial elections and complaints from judges regarding conduct relating to the judge's life as a private citizen,” states a January 3 petition. “In neither of those instances are the reasons judicial referrals are treated differently present.”
Sponsors go on to note that in those circumstances, the referring judge has not observed lawyer misconduct during official court proceedings, “in which the judge may be in a better position than the average citizen to observe and determine that a lawyer may have violated Rules of Professional Conduct.”
In both instances, the sponsors note, “the referring judge may be seen to have a personal interest in the matter.”
Justices agreed.
After prohibiting a judicial referral from referring to “allegations of violations of canons, rules, or law relating to judicial elections,” the order states that “Such allegations must instead be provided to the Bar using the normal complaint process.”
Furthermore, the order continues, “a judge may only submit a judicial referral with respect to those matters the judge becomes aware of in the course of his or her official duties as a judicial officer.”
To make the point clearer, justices slightly revised the sponsors’ proposed wording.
“The member of the judiciary submitting the referral must have obtained the information about the bar member’s conduct during the course of the member of the judiciary’s official duties as a judicial officer,” the order states.
The August 28 order, In Re: Amendments to Rule Regulating The Florida Bar – Discipline Rules is Case No. SC2025-0019. It includes revisions to other disciplinary rules.
The amendments take effect October 27 at 12:01 a.m.
