In re AMENDMENT TO THE CODE OF JUDICIAL CONDUCT-AMENDMENTS TO CANON 7, 985 So. 2d 1073
Opinion
PER CURIAM. This case is before the Court on the petition of the Florida Judicial Ethics Advisory Committee (Committee) for approval of amendments to the Florida Code of Judicial Conduct. We have jurisdiction. See art. V, § 2(a), Fla. Const. In 2005, in response to a recommendation by the Committee, the Court amended Canon 7 A(3)(
d) of the Code of Judicial Conduct to provide that a judicial candidate shall not, while a proceeding is pending or impending, make any public comment that might reasonably be expected to affect its outcome or impair its fairness or make any non-public comment that might substantially interfere with a fair trial or hearing. In re Amendment to Code of Judicial Conduct, Canon 7 (Political Activity), 897 So.2d 1262 (Fla.2005). This change was intended to extend existing restrictions on a judge’s comments with regard to pending or impending cases, set forth in Canon 3 B(9), to non-judge judicial candidates.
Id. at 1263. The Court also referred to the Committee the issue of whether there were other provisions of Canon 3 that should apply to all judicial candidates. Id. In response to the Court’s referral, the Committee submitted a report recommending the addition of two new subdivisions to Canon 7 A. The proposed amendments were published for comment in the July 15, 2007, edition of The Florida Bar News. No comments were received. Upon consideration, we amend Canon 7 A of the Code of Judicial Conduct as proposed by the Committee.
The requirements of current Canon 3 B(2) are incorporated into Canon 7 A, applicable to judicial candidates, through the addition of new subdivision (3)(
a) stating that a judicial candidate “shall be faithful to the law and maintain professional competence in it, and shall not be swayed by partisan interests, public clamor, or fear of criticism.” Similarly, the requirements of current Canon 3 B(ll) are extended to all judicial candidates through new subdivision (3)(e)(iv) of Canon 7 A, prohibiting judicial candidates from commending or criticizing jurors for their verdict, “other than in a court pleading, filing, or hearing in which the candidate represents a party in the proceeding in which the verdict was rendered.” Canon 7 A of the Florida Code of Judicial Conduct is hereby amended as set forth in the appendix to this opinion.
New language is underlined; deleted language is struck through. The amendments are effective immediately.. It is so ordered. QUINCE, C.J., and WELLS, ANSTEAD, PARIENTE, and LEWIS, JJ., concur. CANTERO, J., specially concurs with an opinion, in which BELL, J., concurs. . Canon 3 B(2) provides: “A judge shall be faithful to the law and maintain professional competence in it. A judge shall not be swayed by partisan interests, public clamor, or fear of criticism.” .
Canon 3 B(11) provides: "A judge shall not commend or criticize jurors for their verdict other than in a court order or opinion in a proceeding, but may express appreciation to jurors for their service to the judicial system and the community.”
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