Judges Can Respond to Clemency Requests if Solicited, Florida Ethics Committee Rules
A Florida judge who previously served as a prosecutor may respond to a request from the Florida Commission on Offender Review (FCOR) regarding a defendant’s clemency application, according to a recent opinion from the Judicial Ethics Advisory Committee (JEAC). But, judges are prohibited from providing unsolicited input on clemency matters, as such communications are not authorized by state statute.
The JEAC issued its opinion, No. 2026-01, on March 25, 2026, after an inquiring judge sought guidance on their ability to provide input on a clemency application for a defendant they previously prosecuted. The judge was considering a case involving a death sentence review. The Florida Bar News reports that Florida Statute Chapter 940 allows for notice to the presiding judge and prosecuting attorney as part of the executive clemency application process.
The committee referenced Canon 1 of the Code of Judicial Conduct, which restricts public or nonpublic comments that could potentially affect the outcome of a case or interfere with a fair trial. However, Canon 1, section C(1) also emphasizes a judge’s duty to fulfill administrative responsibilities and cooperate with other court officials.
The JEAC drew upon a previous opinion, JEAC Opinion 2002-04, which addressed a similar request under Canon 2A, emphasizing a judge’s obligation to respect and comply with the law. In that earlier case, the committee determined that responding to a request under Chapter 947, which addresses parole and conditional release, was permissible as it was specifically contemplated by statute.
Whereas a judge may respond if formally contacted by the FCOR, the committee cautioned against providing unsolicited input, stating that doing so would violate Canon 1(B)(9) and potentially influence the outcome of the clemency review.
The JEAC’s opinions are advisory and intended to guide judges and judicial candidates on ethical conduct. While judges may cite these opinions as evidence of solid faith, the Judicial Qualifications Commission is not bound by them. The Judicial Ethics Advisory Committee renders written advisory opinions regarding the application of the Florida Code of Judicial Conduct.