December 1, 2003 Managing Editor Regular News Ethics panel deals with fundraising, JNC contact Ethics panel deals with fundraising, JNC contact Mark D. Killian Managing Editor As a general rule, judges are barred from soliciting funds for charitable and nonprofit groups. However, the Judicial Ethics Advisory Committee has held that judges may hit up their fellow judges for donations, so long as they don’t exercise supervisory or appellate authority over them.The JEAC also recently said traffic hearing officers can write letters to the chair of a judicial nominating committee commenting on an applicant, but cannot make a financial contribution to a political candidate, and judges may accept free golf memberships from close family friends. Fundraising A judge may solicit funds on behalf of a law school alumni association from her fellow judges as long as the judge does not exercise supervisory or appellate authority over the fellow judges. The results of the solicitation, however, may not be published to encourage others to contribute because doing so would lend the prestige of judicial office to others. Opinion Number: 2003-15The committee said pursuant to Canon 5, a judge may serve as a nonlegal advisor of an educational or charitable organization, not conducted for profit, subject to certain limitations. A judge as a nonlegal advisor or member of the organization may assist in planning fundraising, but should not personally participate in the solicitation of funds or other fundraising activities.“The only exception to the prohibition against solicitation of funds is if the judge solicits funds from other judges over whom the judge does not exercise supervisory or appellate authority,” the JEAC said. “Therefore, a circuit judge may not solicit funds from a county judge because by law the circuit judge is vested with appellate authority over the county judge, even if the judge at that time may not be exercising that authority.”Likewise, the panel said, a circuit judge may not solicit funds from another circuit judge if the judge is in any manner supervising the other circuit judge.“For example, the chief judge of a circuit may not solicit funds from any judges within the circuit and an administrative judge of a division may not solicit funds from another judge within that division,” the committee said, adding that publication of the results of the solicitation for the purpose of encouraging others to contribute is an improper use of the prestige of judicial office for fundraising.“This committee is aware that many non-profit organizations publish lists of donors in an annual report,” the panel said. “This recognition of donors is not improper unless it is at the direction of the judicial advisor, or is intended to use the prestige of judicial office to encourage others to contribute.” Traffic Hearing Officer A traffic hearing officer can write a letter to the chair of a judicial nominating committee endorsing an applicant, but cannot make a financial contribution to a political candidate. Opinion Number: 2003-9The committee said the Code of Judicial Conduct does apply to traffic hearing officers, and the panel has previously ruled that Canon 7 allows judges to “communicate with a Judicial Nominating Committee in writing with succinct, factual statements or observations concerning the qualifications of applicants in accordance with the standard provisions of letters of recommendation addressed in the commentary to Canon 2B and the September 29, 1994, opinion of the Supreme Court in In re: Code of Judicial Conduct, 643 So. 2d 1037 (Fla. 1994).”Further, in Opinion 95-24, the ethics committee stated that, “[j]udges may either initiate such correspondence or so respond to official inquiries from the appointing committees.”The committee, however, cautioned judges to refrain from endorsing or soliciting support for a specific judicial candidate before the JNCs.The traffic hearing officer also cannot make a financial contribution to a candidate.“Since the language regarding the general application of Canon 7 does not negate the specific applicability of Canon 7 to traffic hearing officers, the entire provision applies, so Canon 7A(1)(b) and (e), state the traffic hearing officer cannot: ‘publicly endorse or publicly oppose another candidate for public office or.. . make a contribution to a political organization or candidate.. . . ’” Other Action In other action the committee held:• A judge may accept a free golf membership from the judge’s close family friend since it is offered to the judge individually, and is a gift from the friend, not from the golf club. The judge also is not required to disclose the gift membership, as it falls under the provisions of Canon 5D(5)(e). Opinion Number: 2003-10• A newly appointed county court judge may not continue to serve on a hospital’s ethics committee because of the potential for litigation involving the committee’s ethics opinions “which are obviously relied upon by hospital staff,” which could become an issue in subsequent litigation. Opinion Number: 2003-07 • Just because a judge’s spouse is a child victim specialist in the state attorney’s office, the judge is not required to disqualify herself in all criminal cases, and the Code of Judicial Conduct is satisfied if the judge discloses the relationship in those cases in which there are allegations of sexual abuse to a child. Opinion Number: 2003-08• A judge who presides over a juvenile delinquency court may belong to a criminal justice and delinquency council because Canon 4D allows judges to participate in organizations which strive to improve the administration of justice. Opinion Number: 2003-11.• A judge may not remain as a trustee for an irrevocable trust setup by the judge’s former father-in-law because the judge is no longer acting on behalf of a member of his family. Opinion Number: 2003-12. • A judge may appoint a psychologist, or the psychologist’s business partner, to conduct psychological evaluations in criminal cases even though the judge was previously engaged to the psychologist. The JEAC said making the appointment was okay because the engagement ended more than 10 years ago, and the judge is not required to disclose his prior relationship with the psychologist. Opinion Number 2003-14.• A judge may not ethically participate in a voluntary bar association’s fundraising event by providing goods (including artwork or crafts made by the judge) for sale or auction, performing a skit, displaying a talent, being a model, or otherwise performing at the event. Opinion Number 2003-16• A judge may serve on the board of directors of a public policy institute, whose mission is to “give the community a sense of hope and optimism by creating a broad base of community involvement in identifying, researching, and establishing dialogue on community-wide issues, and then recommending and helping to implement timely solutions.” Opinion Number: 2003-17. & #x2022; A blanket invitation in a political party newsletter inviting all judicial candidates to speak is sufficient to allow the candidate to attend and speak even if the opponent is not present. The panel also said a candidate not invited to speak may not stand outside the function at the beginning or end of the political party meeting and hand out literature greeting the participants, and a judicial candidate’s volunteer workers may not wear badges to vote for the candidate at party functions and hand out literature, unless the judge is properly present under the provisions of Canon 7. Opinion Number: 2003-13 The 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 a judge or judicial candidate. Its opinions are advisory and conduct consistent with an advisory opinion 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. The full texts of the opinions can be found on the Suprme Court’s Web site at www.flcourts.org. Once there, click on the “Judges Page” link.
***** MORE NEWS: ‘Out of towners’ boost prestige market as Brisbane values rise again MEET THE EXPERTS Ray White Queensland CEO Tony Warland Belle Property head of Queensland Jon Iceton Many of the Brisbane East suburbs are within easy reach of the CBD Chelmer — Chelmer recorded record growth in the last 12 month. With the riverfront opportunities, larger blocks and a leafy green environment it has a nice family community feel to it. JM *** LJ Hooker Queensland director Steve Mutton Mount Gravatt East — A great suburb for raising children, it is a convenient and green with great local amenities. It is close to two major shopping centres (Carindale and Garden City), the freeway and great local schools and just 15 minutes to the CBD. DH Springwood — Springwood has developed its amenities and services for families and is good for investors seeking good returns. TW Tarragindi — Land values are catching up to house values with renovators targeting larger allotments throughout the suburb, particularly those with city views. It’s easy to get to the highway, allowing residents speedy access to the employment hubs of the CBD and Springwood. SM Tarragindi — Just 6 kms from CBD, Tarragindi has generous sized blocks, perfect for families. Modern contemporary builds fill this ideal city fringe suburb which has a cafe lifestyle and local shops, and is only a short commute to the city. JI*** BRISBANE EAST Queensland Sotheby’s CEO Paul Arthur Brisbane’s million-dollar club to double if predictions ring true This house in Sippy Downs is worth a look Ray White Queensland CEO Tony Warland McGrath Queensland manager Justin Marsden Mooloolaba Beach was voted 4th in Tripadvisor’s list of top 10 beaches in Australia this year. Steve Mutton LJ Hooker State Director Stafford — Stafford is a solid family area with great access to the city and surrounding areas and excellent amenities. PA*** BRISBANE SOUTH Noosa beach pad sells for record McGrath Queensland manager Justin Marsden Video Player is loading.Play VideoPlayNext playlist itemMuteCurrent Time 0:00/Duration 2:03Loaded: 0%Stream Type LIVESeek to live, currently playing liveLIVERemaining Time -2:03 Playback Rate1xChaptersChaptersDescriptionsdescriptions off, selectedCaptionscaptions settings, opens captions settings dialogcaptions off, selectedQuality Levels720p720pHD540p540p360p360p270p270pAutoA, selectedAudio Tracken (Main), selectedFullscreenThis is a modal window.Beginning of dialog window. Escape will cancel and close the window.TextColorWhiteBlackRedGreenBlueYellowMagentaCyanTransparencyOpaqueSemi-TransparentBackgroundColorBlackWhiteRedGreenBlueYellowMagentaCyanTransparencyOpaqueSemi-TransparentTransparentWindowColorBlackWhiteRedGreenBlueYellowMagentaCyanTransparencyTransparentSemi-TransparentOpaqueFont Size50%75%100%125%150%175%200%300%400%Text Edge StyleNoneRaisedDepressedUniformDropshadowFont FamilyProportional Sans-SerifMonospace Sans-SerifProportional SerifMonospace SerifCasualScriptSmall CapsReset restore all settings to the default valuesDoneClose Modal DialogEnd of dialog window.This is a modal window. This modal can be closed by pressing the Escape key or activating the close button.Close Modal DialogThis is a modal window. This modal can be closed by pressing the Escape key or activating the close button.PlayMuteCurrent Time 0:00/Duration 0:00Loaded: 0%Stream Type LIVESeek to live, currently playing liveLIVERemaining Time -0:00 Playback Rate1xFullscreenWhat is a sister suburb? 02:03Now is the time to buy if you want to secure a home – and a future – for your family. With values predicted to rise by as much as 20 per cent in the southeast over the next three years, today’s buyers could find themselves propelled into the million-dollar.In the second part of our spring selling series, six real estate agents share their hot tips on where families with a budget between $500,000 and $1 million should be looking in Brisbane and on the Gold and Sunshine Coast. MONDAY: Where to buy? The million-dollar quest in southeast Qld Sippy Downs — Sippy Downs is close to the university, with mostly new homes and a variety of choices when it comes to lifestyle. TW Jon Iceton Head of QLD Belle Property Australasia SUNSHINE COAST GOLD COAST Elephant Rock at Currumbin hosts one of Australia’s most spectacular Anzac Day Dawn Service ceremonies each year(AAP Image/Dave Hunt) Greenslopes — Greenslopes is geographically close to the CBD and major hospitals and highways. This proximity has not directly influenced the property prices and some of Brisbane’s best buys, close the CBD, can be found in this suburb. JM Cannon Hill — Offering easy access to both the CBD and Brisbane Airport, Cannon Hill is enjoying constant improvement with major industry or previously underdeveloped land making way for beautiful new houses. The most exciting new project lifting Cannon Hill is the Minnippi development which will include a brand new 18 hole golf course. JM Cannon Hill — The next suburb to ‘go’ after Carina. It should see similar growth to what Norman Park and Camp Hill have experienced in recent years. PA*** BRISBANE WEST Cannon Hill — On the fringe of Brisbane’s most popular inner-east suburbs, Cannon Hill in the southeast of Brisbane offers similar lifestyle benefits to high-end areas like Bulimba and Hawthorne, while also being affordable for families. DH Birkdale — Birkdale is a genuine choice when it comes to value for families and their needs in a home. TW Ormiston — Allotments in Ormiston are generously-sized compared to many other suburbs in the Redlands. The suburb enjoyed healthy median house price growth of 7.9 per cent over the last year (CoreLogic) to $720,750. It also boasts one of the Redlands’ best schools in Ormiston College. SM Morningside — Just 5 Kms east of CBD, this is an in-demand suburb that benefits from the surrounding suburbs of Balmoral and Hawthorne. Shopping centres, schools and amenities are at your fingertips, while recreation areas complete this family suburb. JI BRISBANE NORTH Place CEO Damian Hackett Oxley — Leafy, green and quiet with post-war homes, Oxley has a growing cafe culture. DH The Gap — The Gap is a very sought after place to live based on the popularity of the schools and its leafy outlook. TWIndooroopilly — Indooroopilly is the hub of the western suburbs with Indooroopilly Shopping Centre, movie cinemas, train station, cafes, medical centres and leafy streets. Indooroopilly houses lost value over the last 12 months, but with all the amenities on offer it’s hard to see that downward trend continuing. SM The Gap — Just 8km west of the CBD, The Gap is a modern suburb nestled in-between Mount Coot-tha and Enoggera Hill. Creeks, bushland and wildlife areas add to the attraction of this family orientated suburb. JI Wavell Heights — This is a family friendly neighbourhood with a rising number of renovated Queenslanders and new builds. DH Lutwyche – Lutwyche is popular with families, upgraders and those who wish to have an apartment handy to city lifestyle. TW Cashmere — Just 18km northwest of Brisbane, Cashmere is ideal for families, with new smaller lot subdivisions and small acreage lots in high demand. It is a great destination for the growing family with a blend of modern convenience and a semirural lifestyle JI *** Westfield Chermside is a shoppers mecca Picture AAP/David Clark Kedron — With proximity to Chermside’s shopping precincts to the north and the tunnel network to the south, it has great accessibility. ‘The Avenues’ are a sought-after residential precinct in the city’s north with plenty of beautiful character homes that have undergone renovation. SMMore from newsParks and wildlife the new lust-haves post coronavirus11 hours agoNoosa’s best beachfront penthouse is about to hit the market11 hours agoKedron offers character houses and access to amenities Queensland Sotheby’s International Realty CEO Paul Arthur Place CEO Damian Hackett This house in The Gap has potential Properties like this one in Cashmere offer decent blocks and sizeable houses Fitness guru sells Gold Coast beach mansion Mooloolaba — Offering one of the Sunshine Coast’s best beaches with plenty of shops and eateries dotted along its fringe, Mooloolaba is quite affordable compared to other Sunshine Coast addresses. Houses are tightly-held with unit sales outnumbering house transactions four-to-one over the last year. SM Buddina/ Warana — Still a favourite location for the locals, these beachside suburbs are worth a look. It has a pristine coastline and is now just minutes from the new Sunshine Coast hospital precinct. It offers great surfing, hiking and golfing at your door, with many experts agreeing this suburb has yet to yield its full potential. JI Nerang — All of the amenities are well established and Nerang offers quick access to airports, Brisbane city and the Gold Coast lifestyle. TW Coomera — Coomera will soon challenge Helensvale as the Gold Coast’s leading northern growth corridor suburb. Last year it unveiled Westfield Coomera, the upgrade of Exit 54 improved accessibility and there are loads of job opportunities stemming from the Marine Precinct and upgrade of Dreamworld. House prices flatlined over the last 12 months, but it’s worth noting the median price is 50 per cent above what it was five years ago. SM Palm Beach/Currumbin — Still one of the most relaxing stretches of the Gold Coast, Palm Beach embraces laid-back living with new contemporary residences homes lining its numbered avenues. It is a fabulous blend of community on the beach and only minutes from the airport and heart of Surfers’ Paradise. JI
Clint Luellen led start to finish in winning his Thursday night Modified qualifying feature at the IMCA Speedway Motors Super Nationals fueled by Casey’s. (Photo by Bruce Badgley, Motorsports Photography)BOONE, Iowa (Sept. 6) – Clint Luellen led every lap while Hunter Marriott needed most of his feature in winning IMCA Speedway Motors Super Nationals fueled by Casey’s Modified qualifiers Thursday night.Luellen, the 2015 Northern SportMod champion, had the field covered from the get-go in the opener at Boone Speedway. Cautions at midway – that yellow took Oregon contender Collen Winebarger, piloting one of the fastest cars on the track, out of contention – and again on lap 20 erased Luellen’s sizable leads but he pulled away after both restarts.Cayden Carter started 25th and passed 2010 champion Jimmy Gustin with four to go and finished second; the 17th starting Gustin and Chaz Baca, who headed the pursuit of Luellen much of the way, completed the top four.Marriott worked his way toward the front from 15th starting in the nightcap. Into the top four by lap nine, he finally caught Tanner Black for the front spot with four laps left.Black beat 11th starting Justin Auringer to the stripe by all of four one thousandth’s of a second for runner-up honors and Joe Duvall completed the top four.Gustin qualified for his career 12th main event, Auringer for his eighth, Marriott his fourth, Carter his third and Luellen, Baca, Black and Duvall each their first.1st qualifying feature – 1. Clint Luellen, Minburn; 2. Cayden Carter, Oskaloosa; 3. Jimmy Gustin, Marshalltown; 4. Chaz Baca, Mesa, Ariz.; 5. Craig Reetz, Dunlap; 6. Andrew Smith, Rogersville, Mo.; 7. Clay Money, Penokee, Kan.; 8. Troy Cordes, Dunkerton; 9. Jeff Stephens, Arion; 10. Jesse Richter, Great Bend, Kan.; 11. Shane Hiatt, Rising City, Neb.; 12. Nick Roberts, Des Moines; 13. Jesse Sobbing, Malvern; 14. Keegan Nordquist, Beresford, S.D.; 15. Tyler Frye, Belleville, Kan.; 16. Randy Havlik, Ankeny; 17. A.J. Ward, Ionia, Mich.; 18. Paul Stone, Winton, Calif.; 19. Brandon Leeman, Roland; 20. Josh Truman, Indianola; 21. Ed Thomas, Waterloo; 22. Collen Winebarger, Corbett, Ore.; 23. Cory Wray, Trenton, Mo.; 24. Kyle Brown, Madrid; 25. Jeff Hoegh, New Caney, Texas; 26. Nick Deal, Harlan; 27. Trent Loverude, New Ulm, Minn.; 28. Drew Christianson, Minot, N.D.; 29. Duane Cleveland, Olivehurst, Calif.; 30. Jesse Skalicky, Fargo, N.D.2nd qualifying feature – 1. Hunter Marriott, Brookfield, Mo.; 2. Tanner Black, Otis, Kan.; 3. Justin Auringer, Evansdale; 4. Joe Duvall, Claremore, Okla.; 5. Tim Ward, Chandler, Ariz.; 6. Justin O’Brien, West Union; 7. Drew Armstrong, Alexander, Ark.; 8. Richie Gustin, Gilman; 9. Randy Foote, Stanton; 10. Chris Abelson, Sioux City; 11. Chad Wernette, Sheridan, Mich.; 12. Austin Kiefer, Pahrump, Nev.; 13. Brenten DeYoung, Crystal, Mich.; 14. Mike Petersilie, Hoisington, Kan.; 15. Ben Kraus, Britt; 16. Steven Bowers Jr., Topeka, Kan.; 17. Eric Elliott, Boone; 18. Matthew Meinecke, Jamaica; 19. Clay Sellard, Bucklin, Kan.; 20. Troy Foulger, Oakley, Calif.; 21. Taylor Musselman, Urbandale; 22. Gavin Hunyady, Fenton, Mich.; 23. Chad Porter, Madison Lake, Minn.; 24. Dan Ratajczak, Luxemburg, Wis.; 25. Raymond McSpadden, Buda, Texas; 26. Tyler Prochaska, Iowa Falls; 27. Brandon Clough, Wallace, Neb.; 28. Jason Wolla, Ray, N.D.; 29. D.J. Shannon, Merced, Calif.; 30. Josh Beaulieu, Bemidji, Minn. Hunter Marriott raced from 15th to win Thursday night’s second Modified qualifying feature at Super Nationals. (Photo by Tom Macht, www.photofinishphotos.com)