President's COLUMN

Judicial Campaign Practices Commission


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  • | 12:00 p.m. April 5, 2004
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by James Moseley Jr.

Recently, the Jacksonville Bar Association has received some media coverage concerning our new Judicial Campaign Practices Commission. During the month of March, our Board of Governors approved this new program, drafted the appropriate paperwork, and appointed the Commission members. A meeting was then held with members of the press, Chief Judge Donald Moran, members of the Jacksonville Bar Board of Governors, members of the Commission and our two representatives to the Florida Boar Board of Governors. This Commission is up and running and will be effective for the Aug. 31 elections which are only five months away.

The purpose of this Commission is to:

• Ensure that candidates for judicial office are adequately informed about regulations, laws, and standards governing the conduct of judicial elective campaigns;

• Discourage improper judicial campaign conduct, which serves to diminish public respect for and confidence in the legal system and the judiciary; and

• Encourage the prompt, effective resolution of alleged campaign improprieties in judicial elective contests.

Our program is based in part on existing programs established by the Dade County Bar Association and the Palm Beach County Bar Association. It is hoped that this new program will help ensure that campaigns for judicial office are conducted in the manner consistent with the dignity and integrity expected of the legal profession and the judicial system.

When the Jacksonville Bar Association was organized over 100 years ago, its objectives were, in part, to maintain the honor and dignity of the profession and to promote improvements in the law in the methods of its administration. By improving the dignity and integrity of judicial elections, this project serves one of the main objectives of our Bar Association. The Board of Governors of the Jacksonville Bar Association should be commended for their hard work on this new project.

Hank Coxe brought the idea of a judicial commission before the Jacksonville Bar Board of Governors. He advised that The Florida Bar had recommended a plan to allow local voluntary Bar Associations to monitor judicial elections by establishing commissions. The purpose of these commissions would be to encourage professional and appropriate conduct during judicial elections in accordance with the Canon of Ethics. This was even more important in light of recent appellate decisions which have limited the powers of state bars to regulate the conduct of judicial candidates. By establishing this Commission, it is hoped that we can address any problems which may arise in future judicial elections.

The most important aspect of this project is the composition of the Commission. It was important to have members of the Commission that were beyond reproach and are well respected within our legal community. It was also important for members of the Commission to be diverse as well. Not only diverse as to gender, ethnicity, and age, but to be diverse geographically as well. Because this Commission would deal with elections throughout the entire 4th Judicial Circuit, it was important that members not just be from Jacksonville, but from Nassau and Clay Counties as well. The members of the Commission were selected by the president, President-Elect Reginald Luster, and the two members of The Florida Bar from the 4th Judicial Circuit, Hank Coxe and Grier Wells. The members of the Commission are:

Chairman, Charlie Pillans

Dan Coffman

Fred Franklin

Alexandra Hedrick

Christine Milton

Wesley Poole

Buddy Schulz

Larry Smith

The Bar Association certainly appreciates the dedication and commitment of those lawyers who agreed to serve on this Commission.

Some of our members have inquired how this Commission will work. Before the judicial campaigns begin the Commission will request that all candidates agree to participate in the program and familiarize themselves with the applicable laws, regulations, and ethical standards concerning judicial campaigns. In the event a candidate feels that his or her opposition has acted inappropriately, that candidate may file a written complaint with the Commission. The defending candidate can then respond to the complaint within 48 hours. A written ruling will be issued by the Commission within 48 hours of receipt of the response and provided to the media for publication. The Commission is prepared to respond quickly to any complaints regarding the conduct of campaigns for local judicial office by reviewing the facts relating to the complaint against the applicable ethical and legal standards pertaining to the profession and the judiciary, including the Florida Code of Judicial Conduct, The Florida Bar’s Rules of Professional Conduct, and the Florida State Election Code.

It is hoped that this Commission will never have to convene to deal with a complaint. It is also hoped that by establishing this Commission our legacy of a fine judiciary will continue for generations to come.

Raymond Ehrlich Seminar

On Friday, April 23 the Jacksonville Bar Association will hold its Third Annual Raymond Ehrlich Seminar at the Radisson. This is an all day seminar designed to present practicable and substantive information for all litigators. This is approved by The Florida Bar for 8 CLE hours and 1.5 ethics hours. The deadline for registration is Friday, April 16, 2004. I hope you will be able to attend this important program.

Legal Aid Breakfast

On Wednesday, April 28 at 7:30 a.m. at the Radisson, Jacksonville Area Legal Aid will hold a breakfast kicking off Law Week. The theme will be “Breakfast of Champions.” Tickets are $25 and can be purchased by contacting the Jacksonville Area Legal Aid at 356-8371, Ext. 316. I hope you will be able to attend.

Law Week

Law Week activities begin in mid-April and will continue through mid-May. May will be a particularly busy month for the Bar Association. Besides the Law Day Luncheon featuring Ken Starr on Monday, May 10 and other Law Week festivities, we will hold the Jacksonville Bar Association golf tournament on May 20 and the Annual Meeting at the Omni on the evening of May 27. I hope to see you at these events.

 

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