In re AMENDMENTS TO THE CODE OF JUDICIAL CONDUCT-LIMITATIONS ON JUDGES' PARTICIPATION IN FUNDRAISING ACTIVITIES, 983 So. 2d 550

PER CURIAM. This matter is before the Court for consideration of proposed amendments to the Florida Code of Judicial Conduct. We have jurisdiction. See art. V, § 2(a), Fla. Const. In May 2005 and again in April 2006, the Court requested that the Judicial Ethics Advisory Committee (JEAC) study the issue of limitations on judges’ participation in fundraising activities and advise the Court whether the current provisions of the Florida Code of Judicial Conduct should be amended.

Canons 4 and 5 of the Florida Code of Judicial Conduct currently address judicial participation in fundraising in the context of “quasi-judicial activities” concerning the law, the legal system, and the administration of justice and “extrajudicial” activities, respectively. These canons provide that judges may help plan fundraising and may participate in the management and investment of an organization’s funds but may not personally participate in soliciting funds, except from other judges over whom they do not exercise supervisory or appellate authority.

Judges also may not personally participate in membership solicitation if it may be perceived as coercive or if it is essentially a fundraising mechanism, and may not use or permit the use of the prestige of judicial office for fundraising or membership solicitation. See Canon 4 D(2), 5 C(3)(b), Fla.Code of Jud. Conduct. On September 27, 2006, the JEAC filed a report recommending that no changes should be made to the current Code provisions.

The report requested, however, that the JEAC be permitted to file a supplemental report within ninety days of the American Bar Association’s (ABA) anticipated adoption of a revised Model Code of Judicial Conduct, with amendments loosening certain restrictions on fundraising activities by judges. On February 12, 2007, the ABA House of Delegates adopted the revised Model Code of Judicial Conduct.

Specifically as to fundraising, revised rule 3.7, Participation in Educational, Religious, Charitable, Fraternal, or Civic Organizations and Activities, allows judges to (1) assist in fundraising planning and participate in management and investment of an organization’s funds; (2) solicit contributions from members of the judge’s family or from other judges over whom they do not exercise supervisory or appellate authority; (3) solicit membership for organizations concerned with the law, the legal system, or the administration of justice, even if dues or fees may be used to support the organization; and (4) appear or speak at, receive an award or other recognition at, be featured on the program of, and permit his or her title to be used in connection with an event; however, if the event serves a fundraising purpose, the judge may participate only if the event concerns the law, the legal system, or the administration of justice.

See Model Code of Judicial Conduct Canon 3, Rule 3.7(A) (2007). On May 10, 2007, the JEAC filed a supplemental report, again recommending that no substantive amendments be made to the Florida Code of Judicial Conduct, but offering a draft amendment for the Court’s consideration in the event the Court disagreed with its recommendation. The draft amendments were published for comment in the Florida Bar News on August 1, 2007. One comment was filed by the Judicial Administration

Section of the Conference of Circuit Court Judges (Judicial Administration Section), submitting its own proposed amendments to Canons 4 and 5. The JEAC filed a response to the comment and a request for oral argument. Oral argument was held on February 6, 2008. After considering the report and supplemental report submitted by the JEAC, the comment and proposal submitted by the Judicial Administration Section, and the presentations of the parties at oral argument, we amend Canons 4 and 5 of the Florida Code of Judicial Conduct as alternatively proposed by the JEAC.

We agree with the JEAC that its alternative proposal incorporates the best of the revised ABA Model Code and the best of the Judicial Administration Section’s recommendations. The amended provisions maintain the current Florida Code’s prohibitions on direct solicitation of funds by judges, but carve out a limited exception for judges’ participation in certain fund-raising activities, so long as participation in such activities is consistent with other provisions of the Code.

Both Canons 4 A and 5 A are amended to add language from the revised ABA Code which (1) requires a judge to conduct all quasi-judicial activities and extrajudicial activities so that they do not undermine the judge’s independence, integrity, or impartiality; and (2) prohibits a judge from engaging in quasi-judicial or extrajudicial activities that would lead to frequent disqualification or appear coercive.

Canon 4 D(2) is amended to permit a judge to “speak at, receive an award or other recognition at, be featured on the program of, and permit the judge’s title to be used in conjunction with an event of [an organization or governmental entity devoted to the improvement of the law, the legal system, the judicial branch, or the administration of justice].” However, if the event serves a fundraising purpose, the judge may participate “only if the event concerns the law, the legal system, or the administration of justice.” This change is intended to allow judges to participate in a law-related organization’s fundraiser only where the particular event serves a law-related purpose and the funds raised will be used for a law-related purpose.

It will be the responsibility of the judge who wants to participate in a fundraising event to determine that the event meets the criteria of this Canon and that the organization intends to use the funds in a manner consistent with this Canon. Canon 4 D(2) is also amended, consistent with the revised ABA Code, to prohibit the use of court premises, staff, or other resources for fundraising purposes, except for incidental use for activities that concern the law, the legal system, or the administration of justice. Language in Canons 4 D(2)(a), 4D(2)(d), and 5 C(3)(b)(

i) addressing judges’ participation in fund-raising activities is deleted in light of the new limited exception. Clarifying commentary is added to both Canons 4D(2) and 5 C(3)(

b) with regard to permitted participation in fundraising activities. The commentary added to Canon 4 D(2) cautions that judges “may not participate in or allow their titles to be used in connection with fund-raising activities on behalf of an organization engaging in advocacy if such participation would cast doubt on the judge’s capacity to act impartially as a judge.” The commentary added to Canon 5 C(3)(

b) confirms that mere attendance at an event, fundraising or not, does not constitute a violation of the Code. It also clarifies that it is permissible for a judge to “pass a collection plate at a place of worship or serve as an usher or food server or preparer, or to perform similar subsidiary and unadvertised functions at fund-raising events sponsored by educational, religious, charitable, fraternal, or civic organizations,” as long as it does not involve direct or personal solicitation.

This commentary is intended to rule out judges’ participation in activities like serving as a “celebrity waiter,” while allowing them to participate as a food server or cashier for a school hot dog roast or similar activity. We conclude that these changes strike the proper balance between encouraging meaningful judicial participation in law-related activities, while guarding against participation that would cast doubt on impartiality, demean the judicial office, or interfere with judicial duties.

Accordingly, Canons 4 and 5 of the Florida Code of Judicial Conduct are hereby amended as reflected in the appendix to this opinion. New language is indicated by underlining, and deletions are indicated by struck-through type. The amendments are effective immediately. It is so ordered. ANSTEAD, PARIENTE, CANTERO, and BELL, JJ., concur. QUINCE, J., dissents with an opinion, in which WELLS, J., concurs. LEWIS, C.J., dissents. . Other minor and editorial amendments are also made to Canons 4 and 5 and the commentary thereto.