In a decision which may come as a surprise to some, the Florida Supreme Court’s Judicial Ethics Advisory Committee (JEAC) recently advised that judges have broad latitude in determining the propriety of accepting free resort stays from friends. Ticket
On June 25, 2019, in Opinion 2019-19, the JEAC clarified that a judge may accept a free family resort stay at an attorneys’ association event as a gift from an attorney. In this opinion, the Committee analyzed Canon 5D of the Code of Judicial Conduct, finding that an attorney’s gift of a free hotel suite to a close friend on the bench fell into one of the exceptions of the general prohibition on gifts for judges.
In the case, the hotel suite offered to the judge’s family only became available to the attorney for free, incident to an attorneys’ association event, but because the attorney was a close friend of the judge, the gift did not suggest improper motivation. Accordingly, “[t]he close relationship of the friend would prohibit him from appearing before the judge, bringing the gift within the exception contained in Canon 5D(5)(e),” and the judge could accept the offer.
Canon 5D(5)(e) specifically excepts gifts and similar favors from any relative or friend who would, in any case, require disqualification under Canon 3E.
While the JEAC advised that the judge may accept the attorney’s gift, the Committee also urged caution. The opinion notes that regardless of the permissible exceptions to the Canons, sometimes gifts to judges should be “graciously declined” in order to avoid inadvertently wandering into situations that may give rise to allegations of the “appearance of impropriety.”
Read the full opinion here.
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