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Pro Bono:
Judges

Many members of the county and circuit courts of the state and the federal judiciary in Orange County have come to the bench as attorneys who do pro bono services. Currently judges provide pro bono services as trainers in seminars for pro bono attorneys and as judges in Teen Court.

Because of ethical limitations imposed by the Code of Judicial Conduct, judges are restricted in the range of activities within which they can provide support to pro bono services. In the Rules Regulating The Florida Bar, Rule 4-6.1, Pro Bono Public Service, judges and their staffs were given a ‘deferral’ from the suggested pro bono service of other attorneys:

This professional responsibility does not apply to members of the judiciary or their staffs or to government lawyers who are prohibited from performing legal services by constitutional, statutory, rule, or regulatory prohibitions.

For the complete text of the rule, see The Florida Bar website at www.flabar.org.

On February 11, 2000, the Judicial Ethics Advisory Committee issued its opinion Number 2000-06, in which it suggested that a judge may not author a letter soliciting participation in or contribution to an organized pro bono program because the Code prohibits a judge from soliciting memberships and fund-raising. The opinion caused a strong reaction from local pro bono organizations that relied on judicial leadership and encouragement to foster pro bono activities. See the full opinion at the 6th Circuit website, www.jud6.org, at Legal Practice and Resources.

The Supreme Court, on October 5, 2000, appointed a special judicial task force to work with the Standing Committee on Pro Bono Legal Services and to propose a “plan that will facilitate participation in pro bono activities by the judiciary and judicial staff.” The Task Force on Pro Bono Activities By Judges and Judicial Staff Attorneys and The Standing Committee on Pro Bono Legal Services filed a report to the court, SC02-1034, that proposed changing Rule 4-6.1 and Canon 4 to encourage judges to participate in pro bono activities. The Judicial Ethics Advisory Committee submitted recommendations for changes to Canons 4 and 5 of the Judicial Code of Conduct.

The Supreme Court entered its opinion on February 20, 2003, and approved with some modifications the changes to the Judicial Canons as recommended by the Judicial Ethics Advisory Committee and supported by both the County and Circuit Court Judicial Conferences. See Code of Judicial Conduct. Amendments to the Code of Judicial Conduct and Rules Regulating The Florida Bar Re: Pro Bono Activities by Judges and Judicial Staff. 28 Fla. L. Weekly S150. Generally, the changes affirmatively state that judges should encourage and support pro bono efforts.

For information about participating in pro bono services, please contact, Cathy Tucker, Pro Bono Coordinator, at ctucker@legalaidocba.org.