Is Judge Nina Di Pietro’s Ad An Ethics Violation?
BY BUDDY NEVINS
Like so much in the law, the ethical rules governing candidates for judge are not crystal clear.
Take the rules governing endorsements of judicial candidates by other candidates.
Broward County Judge Nina Di Pietro is using a flyer with an endorsement from state Rep. Bobby DuBose, D- Fort Lauderdale, who is running for re-election.
The State Judicial Ethics Advisory Committee has issued opinions several times that judges running for re-election can not advertise the endorsements of other candidates running.
This one was issued last week:
FLORIDA SUPREME COURT JUDICIAL ETHICS ADVISORY COMMITTEE
Opinion Number: 2016 – 05 (Election) Date of Issue: April 18, 2016
Judicial candidates may not accept an endorsement from a non-judicial candidate running for office in the same election cycle. See Fla. JEAC Op. 10-14. Accepting “an endorsement from another candidate running for office would impermissibly create the appearance that the judicial candidate was running as part of a slate” in violation of Canon 7A(1)(b). Id.
The caveat is this from a 2006 opinion (my underlining):
Each election cycle this Committee receives many queries on the issue of judicial candidates promoting endorsements or otherwise accepting campaign assistance from prominent political figures. Because these inquiries involve divergent facts it is difficult to fashion a concise, consistent answer that will satisfy all candidates. We begin our analysis by pointing out two election-related activities that must be avoided at all costs. The first is partisanship and the second is involvement in the political races of others.
So this Di Pietro issue will have to be decided individually it ever reaches Tallahassee.
That Di Pietro has no opposition yet– the filing period for judicial office closes Friday — doesn’t matter. Many opinions say she is covered by the same ethics rules as judicial candidates with opponents.
The question is whether Du Boise, who has no opponent as of today, fits the judicial ethics gurus’ definition of “a non-judicial candidate running for office in the same election cycle.”
Stay tuned.
The link to the latest opinion: Opinion 2016 – 05 (Election)
Read it and you decide.
XXXXX
NOTE: After this post was placed on Browardbeat.com, I received the following e-mail from activist Chaz Stevens:
Will be filing a Nina complaint today with 850.
—
Chaz Stevens
chaz@zproductions.com
XXXXX
Personal note: The flyer contains an endorsement of Nina Di Pietro from my son directly below DuBose’s name.
May 3rd, 2016 at 9:44 am
David Di Pietro got on the bad side of the governor and got kicked off the Broward Health Commission. Now his wife may be headed to the JQC.
It hasn’t been a good two months for the Di Pietro family.
May 3rd, 2016 at 10:23 am
State Representative Bobby DuBose kept our District from being taken over by Holness’ Crew and I don’t need to explain what that would mean
The flyer looks like a list of endorsements n appears not to be a re-election piece for Bobby Dubose as well as her.
Frankly this seems to be a lot of attention to one of the non-issues that diverts us from serious issues.
May 3rd, 2016 at 11:51 am
Dan Daley is also up for re-election. He’s a lawyer now, he should know better!
May 3rd, 2016 at 12:48 pm
Is DuBose a bona fide candidate? The qualifying period for State Representative candidates does’t begin until June 20.
May 3rd, 2016 at 12:55 pm
This is much a do about nothing.
May 3rd, 2016 at 2:06 pm
By virtue of the Judge mailing out a flyer to voters when she does not have opposition violates the Judicial Cannons.
When a sitting Judge is not following the Judicial Cannons of Ethics that is a serious issue.
May 4th, 2016 at 10:31 am
@3. Nice try. Dan Daley is not a candidate. He is not up for re-election this cycle. Why are you picking on him? (PS this is not written by Dan Daley).
May 4th, 2016 at 4:38 pm
Dan Daley is NOT up for re-election.. I hate stupid people who think they’re smart
May 9th, 2016 at 10:44 am
Nina,
Tell your JA to set aside some time for the boys from Tallahassee. The JQC will be knocking on your door soon.
May 9th, 2016 at 2:51 pm
@6 since Judge DiPietro HAS an opponent doesnt when the opponent “announced” possibly negate the allegation.
And to be honest I am unaware of any such Judicial Csnon Rule whuch would be problematical because THERE IS A RACE