Rule Text (verbatim from The Florida Bar)
(a) Impugning Qualifications and Integrity of Judges or
Other Officers. A lawyer shall not make a statement that the
lawyer knows to be false or with reckless disregard as to its truth or
falsity concerning the qualifications or integrity of a judge,
mediator, arbitrator, adjudicatory officer, public legal officer, juror
or member of the venire, or candidate for election or appointment to
judicial or legal office.
(b) Candidates for Judicial Office; Code of Judicial
Conduct Applies. A lawyer who is a candidate for judicial office
shall comply with the applicable provisions of Florida’s Code of
Judicial Conduct.
Educational reference. This page summarizes a Florida Rule of Professional Conduct for educational purposes. The rule text and Comment are mirrored from the Florida Bar's official publication and are public domain. The plain-English summary and any commentary are the opinion of Phillips, Hunt & Walker and are general information only — not legal advice. Reading this page does not create an attorney-client relationship. If you believe a Florida lawyer has violated this rule, you can file a complaint with The Florida Bar at floridabar.org. Past results do not guarantee a similar outcome.
What this rule means in plain English
A Florida lawyer cannot make false statements that the lawyer knows to be false (or makes with reckless disregard for truth) about the qualifications or integrity of a judge, adjudicatory officer, or candidate for legal office. The rule protects judicial integrity from baseless attacks while preserving lawyer speech about real misconduct — the line runs through ‘knowing’ or ‘reckless’ falsity. Mistakes are not violations; deliberate or careless smears are.
Comment (verbatim from The Florida Bar)
Assessments by lawyers are relied on in evaluating the
professional or personal fitness of persons being considered for
election or appointment to judicial office and to public legal offices,
such as attorney general, prosecuting attorney, and public
defender. Expressing honest and candid opinions on such matters
contributes to improving the administration of justice. Conversely,
false statements by a lawyer can unfairly undermine public
confidence in the administration of justice.
False statements or statements made with reckless disregard
for truth or falsity concerning potential jurors, jurors serving in
pending cases, or jurors who served in concluded cases undermine
the impartiality of future jurors who may fear to execute their duty
if their decisions are ridiculed. Lawyers may not make false
statements or any statement made with the intent to ridicule or
harass jurors.
When a lawyer seeks judicial office, the lawyer should be
bound by applicable limitations on political activity.
To maintain the fair and independent administration of
justice, lawyers are encouraged to continue traditional efforts to
defend judges and courts unjustly criticized.
Amended and effective June 8, 1989 (544 So.2d 193); amended July 23,
1992, effective Jan. 1, 1993 (605 So.2d 252).