Page 1
Electronically Filed 11182013 092955 AM ET
RECElVED 11182013 093344 John A Tomasino Clerk Supreme Court
BEFORE THE FLORIDA JUDICIAL QUALIFICATIONS COMMISSION STATE OF FLORIDA
SCl3-1333 INQUIRY CONCERNING A JUDGE No 12-613
LAURA M WATSON
JUDGE WATSONS REQUEST FOR JUDICIAL NOTICE OF JUDICIAL ETHICS ADVISORY COMMITTEE OPINION 2006-01
Pursuant to Rule 12(a) and Florida Evidence Code sect 90202(6) Judge
Laura M Watson moves this court to take Judicial Notice of Judicial Ethics
Advisory Committee Opinion 2006-Olchanging the status ofhis or her professional
association
Respectfully submitted
The Honorable Laura M Watson Circuit Judge 17th JudiCial CirCuit Room 1005B 201 SE 6th Street Fort Lauderdale Florida 33301 Tel (954) 831-6907 jwatsonl7thflcourtsorg
s Laura M Watson
LAURA M WATSON Florida Bar No 476330
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was
furnished by email to Miles A McGrane III Esq miles(a meuranelawcom
lisaG meuranelawcom The McGrane Law Firm Special Counsel One Datran
Center Ste 1500 9100 South Dadeland Boulevard Miami Florida 333156 Lauri
Waldman Ross Esq RossGirteniacutea 1aurilawcom Counsel to the Hearing Panel of
the JQC Ste 1612 9100 South Dadeland Boulevard Miami Florida 333156
Michael L Schneider Esq mschneider a oridaiqccom General Counsel 1110
Thomasville Road Tallahassee Florida 32303 Robert A Sweetapple
Pleadingsuacuteisweetapplelawcom Co-counsel for Judge Watson 165 East Boca
Raton Road Boca Raton Florida 33432-3911 this 18th day of November 2013
Pursuant to FJQCR Rule 10(b) a copy is furnished by email to The
Honorable Kerry 1 Evander evanderkia ucourtsoru Chair of the JQC 300 S
Beach Street Daytona Beach FL 32114
s Laura M Watson LAURA M WATSON
JEAC Opinion 2006-01 Page 1 of 4
ROR DA SUPREME COURT Judicial Ethics Advisory Committee
Opinion Number 2006-01
Date of Issue January 18 2006
ISSUES
1 Whether a recently appointed judge may sign a title insurance policy after taking the bench if the documents that
make up the policy have been recorded before taking the bench and the effective date of the policy takes place
before thejudge takes the bench
ANSWER No The signing of a title insurance policy after taking the bench constitutes the practice of law which is
prohibited by Canon SG of the Code of Judicial Conduct
2 Whether a recently appointed judge may receive payment for title insurance policy work done prior to the date
when the judge took the bench if the transaction is closed by another attorney after the date the judge takes the
bench and the finai policy is issued after that date
ANSWERYes The Judge may accept fees after taking the bench for legal services provided before taking the bench
3 Whether a recently appointed judge may change the status of his professional association to another legal entity in
order to continue owning the building that housed the judges law practice
ANSWER Yes The Judge may change the status of his Professional Corporation from a Professional Association to
another legal entity in order to continue owning the building through the new legal entity
4 Whether a recently appointed judge is required to change the status of his profesional corporation or dissolve it
before taking the bench even though the professional association will be required to file an income tax return issue
w-2 forms and prepare other documents well after the date of taking the bench
ANSWER Yes The Professional Association should change its status or be dissolved before the date the newly
appointed Judge takes the bench even though corporate tax filings and other legal documents may be required to be
filed at a later date
5 Whether a newly appointed judge may allow his former professional associations operating account to remain
open to receive payments for legal fees due for work done before taking the bench at a date after taking the bench
ANSWER Yes The Operating Account may remain open but should reflect the status of the new legai entity
established before the Judge takes the bench
FACTS
httpwwwjud6orgLegalCommunityLegalPracticeopinionsjeacopinions20062006-0 11182013
JEAC Opinion 2006-01 Page 2 of 4
The recently appointed Judge has asked numerous questions discussed below related to winding up of the law
practice The future Judge is a solo practitioner who practices law in a building owned by the Judges Professional
Association
DISCUSSION Canon 5 of the Code of Judicial Conduct provides guidance on most of the issues presented in this inquiry Addressing
the first issue Canon SG of the Code of Judicial Conduct states a Judge shall not practice law By signing a title of
insurance policy after the Judge has taken the bench the Judge will be practicing law Accordingly Canon SG
prohibits such action See Fla JEAC Op 05-19 In that opinion we said that the practice of law prohibited by Canon
5G is not limited to appearing in Court or advising and assisting in the conduct of litigation but it embraces the
preparation of pleadings and other papers incident to actions and special proceedings conveyancing the preparation
of legal instruments of all kinds and the giving of legal advice to clients It embraces all advice to clients and ali
actions taken for them in matters connected with the law
As to the second issue the Inquiring Judge may receive payment for legal work done before taking the bench in
issulng a title insurance policy This is true even if the transaction is closed by another attorney after the date the
Judge takes the bench provided that the payment for attorneys fees was related to work done prior to the date the
Judge took the bench While Canon 5G of the Code of Judicial Conduct prohibits a Judge from practicing law the
Code does not prohibit a Judge from receiving compensation for legal services provided before the date the Judge
took the bench so long as the fees are in compliance with the rules of Professional Conduct for lawyers Rule 4-15
(F)(G) See also Fla JEAC Op 05-08 Fla JEAC Op 97-9 Fla JEAC Op 95-11 and Fla JEAC Op 94-7
As to the third issue a Professional Corporation is defined under sect62103 Florida Statutes as a Corporation which is
organized for the sole and specific purpose of rendering professional service In this case the Professional
Association was created for the purpose of practicing law Because a judge cannot practice law it follows that a judge
may not own a Professional Association Nevertheless the Professional Corporation may change its business purpose
from the rendering of professional service to provide for any other lawful purpose by amending its certificate of
Incorporation Fla Stat sect62113(4) (2005)
Canon 5D(2) specifically allows a Judge subject to the requirements of the Code to hold and manage investments
of the Judge and members of the Judges family including real estate and engage in other remunerative activity
Accordingly the Judge may continue owning the building that formerly housed his iaw practice provided that the
ownership is not maintained through his former Professional Corporation Instead the Professional Corporation
should change its status as permitted by sect62113(4) Florida Statutes (2005) before the Judge takes the bench
As to the fourth issue this Committee has frequently noted that newly appointed or elected Judges should devote
substantial attention to successfully winding up their law practices before taking the bench See Fia JEAC Op 74-13
and Fla JEAC Op 05-19 Accordingly the inquiring Judges Professional Associatlon should change its legal status or
be dissolved prior to the date the inquiring Judge takes the bench even though the firms tax return W-2s and other
forms and documents will be completed well after the date the inquiring Judge takes the bench
As to the last issue an operating account may be maintained to receive payments made after the inquiring Judge
takes the bench for services rendered as an attorney before taking the bench but the corporate entity that holds the
account must not be a Professional Corporation once the Judge takes the bench An attorney that has been appointed
a Judge should take all steps necessary to wind up the law practice before taking the bench and where applicable the
wind up period should include changing the status of the Professional Corporation to another appropriate legal entity
httpwwwjud6orgLegalCommunityLegalPracticeopinionsjeacopinions20062006-0 11182013
JEAC Opinion 2006-01 Page 3 of 4
changing the status of the operating account and closing the trust account before taking the bench See Fla JEAC
Op 05-08 (Judge should close trust account that existed for the Judges practice even though it was simply being
used for the distribution of funds when received) See also Fla JEAC Op 05-19
REFERENCES Fla Stat sect62103 (2005)
Fla Stat sect62113(4) (2005)
Fla Code Jud Conduct Canon 5
Fla Code Jud Conduct Canon SD(2)
Fla Code Jud Conduct Canon 5G
Rules of Professional Conduct - Rule 4-15 (F)(G) (fees for legal services)
Fla JEAC Op 74-13
Fla JEAC Op 94-7
Fla JEAC Op 95-11
Fia JEAC Op 97-9
Fla JEAC Op 05-08
Fla JEAC Op 05-19
rhe Judicial Ethics Advisory Committee is expressly charged with rendering advisory opinions interpreting the
application of the Code of Judicial Conduct to specific circumstances confronting or affecting the judge or judicial
candidate Its opinions are advisory to the inquiring party to the Judicial Qualifications Commission and the judiciary
at large Conduct that is consistent with an advisory opinion issued by the Committee may be evidence of good faith
on the part of the judge but the Judicial Qualifications Commission is not bound by the interpretive opinions by the
Committee Petition ofthe Committee on Standards of Conduct Governing Judges 698 So 2d 834 (Fia 1997)
However in reviewing the recommendations of the Judicial Qualifications Commission for discipline the Florida
Supreme Court will consider conduct in accordance with a Committee opinion as evidence of good faith Id
For further information contact Marjorie Gadarian Graham Esq Chair Judicial Ethics Advisory Committee 11211
Prosperity Farms Road Oakpark Suite D129 Palm Beach Gardens Florida 33410
Participating Members
Judge Robert Benton Judge Karen Cole Judge Lisa Davidson Ervin A Gonzalez Esq Judge Michael Raiden Judge
Jose M Rodriguez Judge Leslie B Rothenberg Judge McFerrin Smith III Judge Emerson R Thompson Jr Judge
Richard R Townsend Judge Dorothy Vaccaro and Marjorie Gadariacutean Graham Esquire
httpwwwjud6orgLegalCommunityLegalPracticeopinionsjeacopinions20062006-0 11182013
JEAC Opinion 2006-01 Page 4 of 4
Copies furnished to
Justice Peggy Quince
All Committee Members
Thomas D Hall Clerk of Supreme Court
Executive Director of the JQC
Office of the State Courts Administrator
Inquiring Judge (Name of inquiring judge deleted from this copy)
httpwwwjud6orgLegalCommunityLegalPracticeopinionsjeacopinions20062006-0 11182013
Page 2
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was
furnished by email to Miles A McGrane III Esq miles(a meuranelawcom
lisaG meuranelawcom The McGrane Law Firm Special Counsel One Datran
Center Ste 1500 9100 South Dadeland Boulevard Miami Florida 333156 Lauri
Waldman Ross Esq RossGirteniacutea 1aurilawcom Counsel to the Hearing Panel of
the JQC Ste 1612 9100 South Dadeland Boulevard Miami Florida 333156
Michael L Schneider Esq mschneider a oridaiqccom General Counsel 1110
Thomasville Road Tallahassee Florida 32303 Robert A Sweetapple
Pleadingsuacuteisweetapplelawcom Co-counsel for Judge Watson 165 East Boca
Raton Road Boca Raton Florida 33432-3911 this 18th day of November 2013
Pursuant to FJQCR Rule 10(b) a copy is furnished by email to The
Honorable Kerry 1 Evander evanderkia ucourtsoru Chair of the JQC 300 S
Beach Street Daytona Beach FL 32114
s Laura M Watson LAURA M WATSON
JEAC Opinion 2006-01 Page 1 of 4
ROR DA SUPREME COURT Judicial Ethics Advisory Committee
Opinion Number 2006-01
Date of Issue January 18 2006
ISSUES
1 Whether a recently appointed judge may sign a title insurance policy after taking the bench if the documents that
make up the policy have been recorded before taking the bench and the effective date of the policy takes place
before thejudge takes the bench
ANSWER No The signing of a title insurance policy after taking the bench constitutes the practice of law which is
prohibited by Canon SG of the Code of Judicial Conduct
2 Whether a recently appointed judge may receive payment for title insurance policy work done prior to the date
when the judge took the bench if the transaction is closed by another attorney after the date the judge takes the
bench and the finai policy is issued after that date
ANSWERYes The Judge may accept fees after taking the bench for legal services provided before taking the bench
3 Whether a recently appointed judge may change the status of his professional association to another legal entity in
order to continue owning the building that housed the judges law practice
ANSWER Yes The Judge may change the status of his Professional Corporation from a Professional Association to
another legal entity in order to continue owning the building through the new legal entity
4 Whether a recently appointed judge is required to change the status of his profesional corporation or dissolve it
before taking the bench even though the professional association will be required to file an income tax return issue
w-2 forms and prepare other documents well after the date of taking the bench
ANSWER Yes The Professional Association should change its status or be dissolved before the date the newly
appointed Judge takes the bench even though corporate tax filings and other legal documents may be required to be
filed at a later date
5 Whether a newly appointed judge may allow his former professional associations operating account to remain
open to receive payments for legal fees due for work done before taking the bench at a date after taking the bench
ANSWER Yes The Operating Account may remain open but should reflect the status of the new legai entity
established before the Judge takes the bench
FACTS
httpwwwjud6orgLegalCommunityLegalPracticeopinionsjeacopinions20062006-0 11182013
JEAC Opinion 2006-01 Page 2 of 4
The recently appointed Judge has asked numerous questions discussed below related to winding up of the law
practice The future Judge is a solo practitioner who practices law in a building owned by the Judges Professional
Association
DISCUSSION Canon 5 of the Code of Judicial Conduct provides guidance on most of the issues presented in this inquiry Addressing
the first issue Canon SG of the Code of Judicial Conduct states a Judge shall not practice law By signing a title of
insurance policy after the Judge has taken the bench the Judge will be practicing law Accordingly Canon SG
prohibits such action See Fla JEAC Op 05-19 In that opinion we said that the practice of law prohibited by Canon
5G is not limited to appearing in Court or advising and assisting in the conduct of litigation but it embraces the
preparation of pleadings and other papers incident to actions and special proceedings conveyancing the preparation
of legal instruments of all kinds and the giving of legal advice to clients It embraces all advice to clients and ali
actions taken for them in matters connected with the law
As to the second issue the Inquiring Judge may receive payment for legal work done before taking the bench in
issulng a title insurance policy This is true even if the transaction is closed by another attorney after the date the
Judge takes the bench provided that the payment for attorneys fees was related to work done prior to the date the
Judge took the bench While Canon 5G of the Code of Judicial Conduct prohibits a Judge from practicing law the
Code does not prohibit a Judge from receiving compensation for legal services provided before the date the Judge
took the bench so long as the fees are in compliance with the rules of Professional Conduct for lawyers Rule 4-15
(F)(G) See also Fla JEAC Op 05-08 Fla JEAC Op 97-9 Fla JEAC Op 95-11 and Fla JEAC Op 94-7
As to the third issue a Professional Corporation is defined under sect62103 Florida Statutes as a Corporation which is
organized for the sole and specific purpose of rendering professional service In this case the Professional
Association was created for the purpose of practicing law Because a judge cannot practice law it follows that a judge
may not own a Professional Association Nevertheless the Professional Corporation may change its business purpose
from the rendering of professional service to provide for any other lawful purpose by amending its certificate of
Incorporation Fla Stat sect62113(4) (2005)
Canon 5D(2) specifically allows a Judge subject to the requirements of the Code to hold and manage investments
of the Judge and members of the Judges family including real estate and engage in other remunerative activity
Accordingly the Judge may continue owning the building that formerly housed his iaw practice provided that the
ownership is not maintained through his former Professional Corporation Instead the Professional Corporation
should change its status as permitted by sect62113(4) Florida Statutes (2005) before the Judge takes the bench
As to the fourth issue this Committee has frequently noted that newly appointed or elected Judges should devote
substantial attention to successfully winding up their law practices before taking the bench See Fia JEAC Op 74-13
and Fla JEAC Op 05-19 Accordingly the inquiring Judges Professional Associatlon should change its legal status or
be dissolved prior to the date the inquiring Judge takes the bench even though the firms tax return W-2s and other
forms and documents will be completed well after the date the inquiring Judge takes the bench
As to the last issue an operating account may be maintained to receive payments made after the inquiring Judge
takes the bench for services rendered as an attorney before taking the bench but the corporate entity that holds the
account must not be a Professional Corporation once the Judge takes the bench An attorney that has been appointed
a Judge should take all steps necessary to wind up the law practice before taking the bench and where applicable the
wind up period should include changing the status of the Professional Corporation to another appropriate legal entity
httpwwwjud6orgLegalCommunityLegalPracticeopinionsjeacopinions20062006-0 11182013
JEAC Opinion 2006-01 Page 3 of 4
changing the status of the operating account and closing the trust account before taking the bench See Fla JEAC
Op 05-08 (Judge should close trust account that existed for the Judges practice even though it was simply being
used for the distribution of funds when received) See also Fla JEAC Op 05-19
REFERENCES Fla Stat sect62103 (2005)
Fla Stat sect62113(4) (2005)
Fla Code Jud Conduct Canon 5
Fla Code Jud Conduct Canon SD(2)
Fla Code Jud Conduct Canon 5G
Rules of Professional Conduct - Rule 4-15 (F)(G) (fees for legal services)
Fla JEAC Op 74-13
Fla JEAC Op 94-7
Fla JEAC Op 95-11
Fia JEAC Op 97-9
Fla JEAC Op 05-08
Fla JEAC Op 05-19
rhe Judicial Ethics Advisory Committee is expressly charged with rendering advisory opinions interpreting the
application of the Code of Judicial Conduct to specific circumstances confronting or affecting the judge or judicial
candidate Its opinions are advisory to the inquiring party to the Judicial Qualifications Commission and the judiciary
at large Conduct that is consistent with an advisory opinion issued by the Committee may be evidence of good faith
on the part of the judge but the Judicial Qualifications Commission is not bound by the interpretive opinions by the
Committee Petition ofthe Committee on Standards of Conduct Governing Judges 698 So 2d 834 (Fia 1997)
However in reviewing the recommendations of the Judicial Qualifications Commission for discipline the Florida
Supreme Court will consider conduct in accordance with a Committee opinion as evidence of good faith Id
For further information contact Marjorie Gadarian Graham Esq Chair Judicial Ethics Advisory Committee 11211
Prosperity Farms Road Oakpark Suite D129 Palm Beach Gardens Florida 33410
Participating Members
Judge Robert Benton Judge Karen Cole Judge Lisa Davidson Ervin A Gonzalez Esq Judge Michael Raiden Judge
Jose M Rodriguez Judge Leslie B Rothenberg Judge McFerrin Smith III Judge Emerson R Thompson Jr Judge
Richard R Townsend Judge Dorothy Vaccaro and Marjorie Gadariacutean Graham Esquire
httpwwwjud6orgLegalCommunityLegalPracticeopinionsjeacopinions20062006-0 11182013
JEAC Opinion 2006-01 Page 4 of 4
Copies furnished to
Justice Peggy Quince
All Committee Members
Thomas D Hall Clerk of Supreme Court
Executive Director of the JQC
Office of the State Courts Administrator
Inquiring Judge (Name of inquiring judge deleted from this copy)
httpwwwjud6orgLegalCommunityLegalPracticeopinionsjeacopinions20062006-0 11182013
Page 3
JEAC Opinion 2006-01 Page 1 of 4
ROR DA SUPREME COURT Judicial Ethics Advisory Committee
Opinion Number 2006-01
Date of Issue January 18 2006
ISSUES
1 Whether a recently appointed judge may sign a title insurance policy after taking the bench if the documents that
make up the policy have been recorded before taking the bench and the effective date of the policy takes place
before thejudge takes the bench
ANSWER No The signing of a title insurance policy after taking the bench constitutes the practice of law which is
prohibited by Canon SG of the Code of Judicial Conduct
2 Whether a recently appointed judge may receive payment for title insurance policy work done prior to the date
when the judge took the bench if the transaction is closed by another attorney after the date the judge takes the
bench and the finai policy is issued after that date
ANSWERYes The Judge may accept fees after taking the bench for legal services provided before taking the bench
3 Whether a recently appointed judge may change the status of his professional association to another legal entity in
order to continue owning the building that housed the judges law practice
ANSWER Yes The Judge may change the status of his Professional Corporation from a Professional Association to
another legal entity in order to continue owning the building through the new legal entity
4 Whether a recently appointed judge is required to change the status of his profesional corporation or dissolve it
before taking the bench even though the professional association will be required to file an income tax return issue
w-2 forms and prepare other documents well after the date of taking the bench
ANSWER Yes The Professional Association should change its status or be dissolved before the date the newly
appointed Judge takes the bench even though corporate tax filings and other legal documents may be required to be
filed at a later date
5 Whether a newly appointed judge may allow his former professional associations operating account to remain
open to receive payments for legal fees due for work done before taking the bench at a date after taking the bench
ANSWER Yes The Operating Account may remain open but should reflect the status of the new legai entity
established before the Judge takes the bench
FACTS
httpwwwjud6orgLegalCommunityLegalPracticeopinionsjeacopinions20062006-0 11182013
JEAC Opinion 2006-01 Page 2 of 4
The recently appointed Judge has asked numerous questions discussed below related to winding up of the law
practice The future Judge is a solo practitioner who practices law in a building owned by the Judges Professional
Association
DISCUSSION Canon 5 of the Code of Judicial Conduct provides guidance on most of the issues presented in this inquiry Addressing
the first issue Canon SG of the Code of Judicial Conduct states a Judge shall not practice law By signing a title of
insurance policy after the Judge has taken the bench the Judge will be practicing law Accordingly Canon SG
prohibits such action See Fla JEAC Op 05-19 In that opinion we said that the practice of law prohibited by Canon
5G is not limited to appearing in Court or advising and assisting in the conduct of litigation but it embraces the
preparation of pleadings and other papers incident to actions and special proceedings conveyancing the preparation
of legal instruments of all kinds and the giving of legal advice to clients It embraces all advice to clients and ali
actions taken for them in matters connected with the law
As to the second issue the Inquiring Judge may receive payment for legal work done before taking the bench in
issulng a title insurance policy This is true even if the transaction is closed by another attorney after the date the
Judge takes the bench provided that the payment for attorneys fees was related to work done prior to the date the
Judge took the bench While Canon 5G of the Code of Judicial Conduct prohibits a Judge from practicing law the
Code does not prohibit a Judge from receiving compensation for legal services provided before the date the Judge
took the bench so long as the fees are in compliance with the rules of Professional Conduct for lawyers Rule 4-15
(F)(G) See also Fla JEAC Op 05-08 Fla JEAC Op 97-9 Fla JEAC Op 95-11 and Fla JEAC Op 94-7
As to the third issue a Professional Corporation is defined under sect62103 Florida Statutes as a Corporation which is
organized for the sole and specific purpose of rendering professional service In this case the Professional
Association was created for the purpose of practicing law Because a judge cannot practice law it follows that a judge
may not own a Professional Association Nevertheless the Professional Corporation may change its business purpose
from the rendering of professional service to provide for any other lawful purpose by amending its certificate of
Incorporation Fla Stat sect62113(4) (2005)
Canon 5D(2) specifically allows a Judge subject to the requirements of the Code to hold and manage investments
of the Judge and members of the Judges family including real estate and engage in other remunerative activity
Accordingly the Judge may continue owning the building that formerly housed his iaw practice provided that the
ownership is not maintained through his former Professional Corporation Instead the Professional Corporation
should change its status as permitted by sect62113(4) Florida Statutes (2005) before the Judge takes the bench
As to the fourth issue this Committee has frequently noted that newly appointed or elected Judges should devote
substantial attention to successfully winding up their law practices before taking the bench See Fia JEAC Op 74-13
and Fla JEAC Op 05-19 Accordingly the inquiring Judges Professional Associatlon should change its legal status or
be dissolved prior to the date the inquiring Judge takes the bench even though the firms tax return W-2s and other
forms and documents will be completed well after the date the inquiring Judge takes the bench
As to the last issue an operating account may be maintained to receive payments made after the inquiring Judge
takes the bench for services rendered as an attorney before taking the bench but the corporate entity that holds the
account must not be a Professional Corporation once the Judge takes the bench An attorney that has been appointed
a Judge should take all steps necessary to wind up the law practice before taking the bench and where applicable the
wind up period should include changing the status of the Professional Corporation to another appropriate legal entity
httpwwwjud6orgLegalCommunityLegalPracticeopinionsjeacopinions20062006-0 11182013
JEAC Opinion 2006-01 Page 3 of 4
changing the status of the operating account and closing the trust account before taking the bench See Fla JEAC
Op 05-08 (Judge should close trust account that existed for the Judges practice even though it was simply being
used for the distribution of funds when received) See also Fla JEAC Op 05-19
REFERENCES Fla Stat sect62103 (2005)
Fla Stat sect62113(4) (2005)
Fla Code Jud Conduct Canon 5
Fla Code Jud Conduct Canon SD(2)
Fla Code Jud Conduct Canon 5G
Rules of Professional Conduct - Rule 4-15 (F)(G) (fees for legal services)
Fla JEAC Op 74-13
Fla JEAC Op 94-7
Fla JEAC Op 95-11
Fia JEAC Op 97-9
Fla JEAC Op 05-08
Fla JEAC Op 05-19
rhe Judicial Ethics Advisory Committee is expressly charged with rendering advisory opinions interpreting the
application of the Code of Judicial Conduct to specific circumstances confronting or affecting the judge or judicial
candidate Its opinions are advisory to the inquiring party to the Judicial Qualifications Commission and the judiciary
at large Conduct that is consistent with an advisory opinion issued by the Committee may be evidence of good faith
on the part of the judge but the Judicial Qualifications Commission is not bound by the interpretive opinions by the
Committee Petition ofthe Committee on Standards of Conduct Governing Judges 698 So 2d 834 (Fia 1997)
However in reviewing the recommendations of the Judicial Qualifications Commission for discipline the Florida
Supreme Court will consider conduct in accordance with a Committee opinion as evidence of good faith Id
For further information contact Marjorie Gadarian Graham Esq Chair Judicial Ethics Advisory Committee 11211
Prosperity Farms Road Oakpark Suite D129 Palm Beach Gardens Florida 33410
Participating Members
Judge Robert Benton Judge Karen Cole Judge Lisa Davidson Ervin A Gonzalez Esq Judge Michael Raiden Judge
Jose M Rodriguez Judge Leslie B Rothenberg Judge McFerrin Smith III Judge Emerson R Thompson Jr Judge
Richard R Townsend Judge Dorothy Vaccaro and Marjorie Gadariacutean Graham Esquire
httpwwwjud6orgLegalCommunityLegalPracticeopinionsjeacopinions20062006-0 11182013
JEAC Opinion 2006-01 Page 4 of 4
Copies furnished to
Justice Peggy Quince
All Committee Members
Thomas D Hall Clerk of Supreme Court
Executive Director of the JQC
Office of the State Courts Administrator
Inquiring Judge (Name of inquiring judge deleted from this copy)
httpwwwjud6orgLegalCommunityLegalPracticeopinionsjeacopinions20062006-0 11182013
Page 4
JEAC Opinion 2006-01 Page 2 of 4
The recently appointed Judge has asked numerous questions discussed below related to winding up of the law
practice The future Judge is a solo practitioner who practices law in a building owned by the Judges Professional
Association
DISCUSSION Canon 5 of the Code of Judicial Conduct provides guidance on most of the issues presented in this inquiry Addressing
the first issue Canon SG of the Code of Judicial Conduct states a Judge shall not practice law By signing a title of
insurance policy after the Judge has taken the bench the Judge will be practicing law Accordingly Canon SG
prohibits such action See Fla JEAC Op 05-19 In that opinion we said that the practice of law prohibited by Canon
5G is not limited to appearing in Court or advising and assisting in the conduct of litigation but it embraces the
preparation of pleadings and other papers incident to actions and special proceedings conveyancing the preparation
of legal instruments of all kinds and the giving of legal advice to clients It embraces all advice to clients and ali
actions taken for them in matters connected with the law
As to the second issue the Inquiring Judge may receive payment for legal work done before taking the bench in
issulng a title insurance policy This is true even if the transaction is closed by another attorney after the date the
Judge takes the bench provided that the payment for attorneys fees was related to work done prior to the date the
Judge took the bench While Canon 5G of the Code of Judicial Conduct prohibits a Judge from practicing law the
Code does not prohibit a Judge from receiving compensation for legal services provided before the date the Judge
took the bench so long as the fees are in compliance with the rules of Professional Conduct for lawyers Rule 4-15
(F)(G) See also Fla JEAC Op 05-08 Fla JEAC Op 97-9 Fla JEAC Op 95-11 and Fla JEAC Op 94-7
As to the third issue a Professional Corporation is defined under sect62103 Florida Statutes as a Corporation which is
organized for the sole and specific purpose of rendering professional service In this case the Professional
Association was created for the purpose of practicing law Because a judge cannot practice law it follows that a judge
may not own a Professional Association Nevertheless the Professional Corporation may change its business purpose
from the rendering of professional service to provide for any other lawful purpose by amending its certificate of
Incorporation Fla Stat sect62113(4) (2005)
Canon 5D(2) specifically allows a Judge subject to the requirements of the Code to hold and manage investments
of the Judge and members of the Judges family including real estate and engage in other remunerative activity
Accordingly the Judge may continue owning the building that formerly housed his iaw practice provided that the
ownership is not maintained through his former Professional Corporation Instead the Professional Corporation
should change its status as permitted by sect62113(4) Florida Statutes (2005) before the Judge takes the bench
As to the fourth issue this Committee has frequently noted that newly appointed or elected Judges should devote
substantial attention to successfully winding up their law practices before taking the bench See Fia JEAC Op 74-13
and Fla JEAC Op 05-19 Accordingly the inquiring Judges Professional Associatlon should change its legal status or
be dissolved prior to the date the inquiring Judge takes the bench even though the firms tax return W-2s and other
forms and documents will be completed well after the date the inquiring Judge takes the bench
As to the last issue an operating account may be maintained to receive payments made after the inquiring Judge
takes the bench for services rendered as an attorney before taking the bench but the corporate entity that holds the
account must not be a Professional Corporation once the Judge takes the bench An attorney that has been appointed
a Judge should take all steps necessary to wind up the law practice before taking the bench and where applicable the
wind up period should include changing the status of the Professional Corporation to another appropriate legal entity
httpwwwjud6orgLegalCommunityLegalPracticeopinionsjeacopinions20062006-0 11182013
JEAC Opinion 2006-01 Page 3 of 4
changing the status of the operating account and closing the trust account before taking the bench See Fla JEAC
Op 05-08 (Judge should close trust account that existed for the Judges practice even though it was simply being
used for the distribution of funds when received) See also Fla JEAC Op 05-19
REFERENCES Fla Stat sect62103 (2005)
Fla Stat sect62113(4) (2005)
Fla Code Jud Conduct Canon 5
Fla Code Jud Conduct Canon SD(2)
Fla Code Jud Conduct Canon 5G
Rules of Professional Conduct - Rule 4-15 (F)(G) (fees for legal services)
Fla JEAC Op 74-13
Fla JEAC Op 94-7
Fla JEAC Op 95-11
Fia JEAC Op 97-9
Fla JEAC Op 05-08
Fla JEAC Op 05-19
rhe Judicial Ethics Advisory Committee is expressly charged with rendering advisory opinions interpreting the
application of the Code of Judicial Conduct to specific circumstances confronting or affecting the judge or judicial
candidate Its opinions are advisory to the inquiring party to the Judicial Qualifications Commission and the judiciary
at large Conduct that is consistent with an advisory opinion issued by the Committee may be evidence of good faith
on the part of the judge but the Judicial Qualifications Commission is not bound by the interpretive opinions by the
Committee Petition ofthe Committee on Standards of Conduct Governing Judges 698 So 2d 834 (Fia 1997)
However in reviewing the recommendations of the Judicial Qualifications Commission for discipline the Florida
Supreme Court will consider conduct in accordance with a Committee opinion as evidence of good faith Id
For further information contact Marjorie Gadarian Graham Esq Chair Judicial Ethics Advisory Committee 11211
Prosperity Farms Road Oakpark Suite D129 Palm Beach Gardens Florida 33410
Participating Members
Judge Robert Benton Judge Karen Cole Judge Lisa Davidson Ervin A Gonzalez Esq Judge Michael Raiden Judge
Jose M Rodriguez Judge Leslie B Rothenberg Judge McFerrin Smith III Judge Emerson R Thompson Jr Judge
Richard R Townsend Judge Dorothy Vaccaro and Marjorie Gadariacutean Graham Esquire
httpwwwjud6orgLegalCommunityLegalPracticeopinionsjeacopinions20062006-0 11182013
JEAC Opinion 2006-01 Page 4 of 4
Copies furnished to
Justice Peggy Quince
All Committee Members
Thomas D Hall Clerk of Supreme Court
Executive Director of the JQC
Office of the State Courts Administrator
Inquiring Judge (Name of inquiring judge deleted from this copy)
httpwwwjud6orgLegalCommunityLegalPracticeopinionsjeacopinions20062006-0 11182013
Page 5
JEAC Opinion 2006-01 Page 3 of 4
changing the status of the operating account and closing the trust account before taking the bench See Fla JEAC
Op 05-08 (Judge should close trust account that existed for the Judges practice even though it was simply being
used for the distribution of funds when received) See also Fla JEAC Op 05-19
REFERENCES Fla Stat sect62103 (2005)
Fla Stat sect62113(4) (2005)
Fla Code Jud Conduct Canon 5
Fla Code Jud Conduct Canon SD(2)
Fla Code Jud Conduct Canon 5G
Rules of Professional Conduct - Rule 4-15 (F)(G) (fees for legal services)
Fla JEAC Op 74-13
Fla JEAC Op 94-7
Fla JEAC Op 95-11
Fia JEAC Op 97-9
Fla JEAC Op 05-08
Fla JEAC Op 05-19
rhe Judicial Ethics Advisory Committee is expressly charged with rendering advisory opinions interpreting the
application of the Code of Judicial Conduct to specific circumstances confronting or affecting the judge or judicial
candidate Its opinions are advisory to the inquiring party to the Judicial Qualifications Commission and the judiciary
at large Conduct that is consistent with an advisory opinion issued by the Committee may be evidence of good faith
on the part of the judge but the Judicial Qualifications Commission is not bound by the interpretive opinions by the
Committee Petition ofthe Committee on Standards of Conduct Governing Judges 698 So 2d 834 (Fia 1997)
However in reviewing the recommendations of the Judicial Qualifications Commission for discipline the Florida
Supreme Court will consider conduct in accordance with a Committee opinion as evidence of good faith Id
For further information contact Marjorie Gadarian Graham Esq Chair Judicial Ethics Advisory Committee 11211
Prosperity Farms Road Oakpark Suite D129 Palm Beach Gardens Florida 33410
Participating Members
Judge Robert Benton Judge Karen Cole Judge Lisa Davidson Ervin A Gonzalez Esq Judge Michael Raiden Judge
Jose M Rodriguez Judge Leslie B Rothenberg Judge McFerrin Smith III Judge Emerson R Thompson Jr Judge
Richard R Townsend Judge Dorothy Vaccaro and Marjorie Gadariacutean Graham Esquire
httpwwwjud6orgLegalCommunityLegalPracticeopinionsjeacopinions20062006-0 11182013
JEAC Opinion 2006-01 Page 4 of 4
Copies furnished to
Justice Peggy Quince
All Committee Members
Thomas D Hall Clerk of Supreme Court
Executive Director of the JQC
Office of the State Courts Administrator
Inquiring Judge (Name of inquiring judge deleted from this copy)
httpwwwjud6orgLegalCommunityLegalPracticeopinionsjeacopinions20062006-0 11182013
Page 6
JEAC Opinion 2006-01 Page 4 of 4
Copies furnished to
Justice Peggy Quince
All Committee Members
Thomas D Hall Clerk of Supreme Court
Executive Director of the JQC
Office of the State Courts Administrator
Inquiring Judge (Name of inquiring judge deleted from this copy)
httpwwwjud6orgLegalCommunityLegalPracticeopinionsjeacopinions20062006-0 11182013
