Alabama Judicial Inquiry Commission Ethics Opinions
Free plain-English summaries of legal ethics opinions issued by the Alabama Judicial Inquiry Commission, with full citations and source links on every page.
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May an Alabama probate judge serve on the board of a regional mental health authority?
Alabama JIC Advisory Opinion 25-970 says a probate judge may serve on the board because probate judges are exempt from Canon 5G, while Canons 2 and 2A still apply to the judge's conduct.
Must a former DHR lawyer recuse as judge from cases involving DHR records she reviewed or motions she filed?
Alabama JIC Opinion 25-969 disqualifies the judge from cases in which she reviewed DHR records, personally filed related motions, or personally participated as a supervisor. A subordinate's filing…
May an Alabama judge campaign for a spouse running for nonjudicial office?
Alabama JIC Opinion 25-968 permits limited campaigning for a spouse's nonjudicial candidacy, without personally soliciting funds or soliciting votes from lawyers and litigants who appear or are…
May an Alabama judge continue serving part-time as a law school's interim dean?
Alabama JIC Opinion 25-967 says the judge may not continue as interim dean because its required fundraising, placement outreach, and commission duties would include activity at odds with the Canons…
May an Alabama retired-active judge use a former judicial title on a law firm's letterhead?
Alabama JIC Opinion 25-966 says a retired-active judge may not use 'Judge,' even with 'Retired,' in firm letterhead or advertising. The judge may instead state prior judicial service as factual…
Does a judge's small stock interest in a public company require recusal from its case?
Alabama JIC Opinion 25-965 says a de minimis stock holding does not itself require recusal, but recusal is required if the interest could be substantially affected or the circumstances reasonably…
Must an appellate judge recuse whenever a former Attorney General division appears in an appeal?
Alabama JIC Opinion 25-964 says prior work in the division alone does not disqualify the judge, if the judge did not participate in the case and impartiality cannot reasonably be questioned because…
Must a judge recuse from a state criminal case because the judge's spouse serves on the arresting city's council?
Alabama JIC Opinion 24-963 says city-council service alone does not disqualify the judge from a state prosecution involving city police, even for search-warrant or high-bail requests. The judge is…
Must an Alabama judge recuse when officers supervised by the judge's police-lieutenant spouse handled a case?
Alabama JIC Opinion 24-962 disqualifies the judge when the spouse or officers under the spouse's command were involved in the case. Because the ground falls under Canon 3C(1)(d)(ii), the parties may…
May an Alabama probate judge be honored at a cancer charity's fundraising event?
Alabama JIC Opinion 24-961 permits the probate judge to be an honoree at the described fundraiser, provided the recognition does not impair impartiality or interfere with judicial duties. Probate…
May an Alabama probate judge operate a land surveying business outside court hours?
Alabama JIC Opinion 23-960 permits the probate judge's surveying business while it does not impair impartiality, delay court work, or exploit judicial office. The opinion bars use of court resources…
May an Alabama judge join a judicial candidate's fundraiser host committee and appear on a mass invitation?
Alabama JIC Opinion 23-959 says host-committee service and listing on a mass fundraiser invitation for another judicial candidate are discouraged but not categorically prohibited. The invitation…
May a new Alabama judge take payment of earned legal fees from former opposing counsel and hear that lawyer's cases?
Alabama JIC Opinion 23-958 permits the judge to receive the one-time payment of fees earned before taking the bench. After the debt was paid in full, the opinion found no ongoing financial tie or…
Must a judge recuse when the judge's father earlier acted as prosecutor in the case, and may the parties remit it?
Alabama JIC Opinion 23-957 disqualifies the judge from cases in which the father previously participated as an assistant district attorney, even if he no longer appears. The family-relationship…
May a full-time Alabama municipal judge also hold a notary public commission?
Alabama JIC Opinion 23-956 permits the municipal judge to serve as a notary under the Canons, provided the judge does not exploit judicial office. It leaves constitutional and statutory…
May a part-time active retired Alabama judge mediate, arbitrate, or serve as a private judge in the same circuit?
Alabama JIC Opinion 23-955 permits mediation and arbitration under the Canons if they do not impair impartiality, judicial duties, or use of office. Private judging faces the same Canon 5C(1)…
May a part-time Alabama municipal judge represent someone who appeared before the judge in an unrelated case?
Opinion 22-954 permits a part-time municipal judge to represent that person in an unrelated matter, but bars the judge from acting as counsel in a proceeding the judge heard or a related proceeding.…
When must a part-time Alabama judge step aside for law-firm clients or opponents of DHR?
Opinion 22-953 requires disqualification when a current client of the judge or the judge's law partner appears. Former clients and DHR party opponents require the opinion's fact-specific analysis of…
Must Alabama appellate judges step aside when a deputy marshal who helps secure their building is a party?
Opinion 22-952 says the deputy marshal's security work and professional contact with the appellate judges do not, by themselves, require disqualification. It distinguishes mandatory disqualification…
May an Alabama criminal judge support judicial candidates and district attorney or sheriff candidates?
Opinion 22-951 permits support for judicial candidates with a caution about a prosecutor who regularly appears before the judge. It strongly discourages contributions to district attorney and…
May Alabama judges portray judges resolving fictional disputes on a paid television show?
Opinion 22-950 says the proposed recurring roles are prohibited by Canon 2C because they would likely lend the prestige of judicial office to a commercial production and exploit the judges' offices…
May a juvenile judge chair a council that funds a school program overseen by the judge's spouse?
Yes, on the stated facts. The Commission allowed continued Council service but said the judge should recuse from Council decisions concerning the spouse's school program.
Could a judge keep doing bookkeeping for a former law firm now operated by the judge’s parent?
No. The Commission allowed bookkeeping for the parent’s personal finances, but barred services to the former firm and compensation from that firm.
Does an attorney's litigation involving a judge or the judge's family require the judge to grant a pending recusal motion?
The Commission did not decide the filed motion. It said the judge must assess whether a reasonable person would perceive potential bias or lack of impartiality from the totality of circumstances…
Could a judge continue negotiating to buy a home below asking price from an attorney with cases pending before the judge?
No. The Commission said the judge could not pursue the transaction on the stated facts, and recusal from the attorney’s cases would not cure the negotiation’s appearance concerns.
Could a judge preside over a bench trial for false liens filed against two fellow judges?
Yes, on these facts and if able to be fair and impartial. The Commission found no special circumstance that would reasonably call the judge’s impartiality into question.
Could a probate judge hear a guardianship petition concerning the court’s chief clerk’s parent?
No. The Commission found the judge’s responsibility for appointing and overseeing the chief clerk a special factor requiring disqualification, which the parties could not waive.
Did a juvenile judge’s spouse serving on the school board require recusal from school-related delinquency cases?
The spouse’s board seat alone did not disqualify the judge from every school-related case. The Commission called for case-specific review of the spouse’s involvement and on-record disclosure in…
Could a judge hire a judicial assistant from a firm with cases pending in the judge’s court?
Yes, if the hire would cause no more than occasional disqualification. The Commission allowed complete isolation from affected cases in appropriate circumstances, with disclosure to the parties.
Could attorneys repeatedly appointed as “temporary” probate judges practice in that same probate court?
No. The Commission classified the continuing appointees as part-time judges, who could not practice in that court or be appointed there as guardians or administrators ad litem.
Could a judge take over a former partner’s cases after a self-imposed two-year recusal period ended?
No for the cases from which the judge had already disqualified. The Commission said the appearance of partiality continued in those same matters after the chosen period expired.
Was an appellate judge disqualified when a different office of the judge’s former large firm represented a party in the same matter while the judge worked there?
Yes. Canon 3C(1)(b) required disqualification even though the judge had no personal knowledge of the matter and the firm’s lawyers worked in another office.
May a judge appear in a family photo used in an adult child’s campaign for nonjudicial office?
Yes, if the campaign does not identify the judge by title, depict indicia of judicial office, or otherwise implicate that office, and the use complies with Canon 7. The opinion overrules Opinion 82-143.
Must a judge recuse when a brother-in-law on a municipal commission will testify in a case involving the municipality?
Commission membership alone does not require recusal. The judge is disqualified if the relative is a material witness, has a substantially affected interest, or another stated ground calls…
May circuit judges appoint an interim clerk who is running for that office in the coming election?
Yes. The candidate’s election plans do not bar appointment, but the judges must base their selection on merit and proper administration of justice, without considering election prospects or…
May a circuit judge appoint the probate court’s former special administrator as special master in the same estate cases?
No. The former administrator’s case knowledge and involvement disqualify that person as master. Preliminary interviews with another candidate may address qualifications and availability, but not…
Is a judge automatically disqualified when a campaign opponent’s law partner represents a litigant?
No. The opponent’s campaign activity is not automatically imputed to partners. If the judge is not disqualified, the partner may also be appointed to represent indigent defendants.
May a judge appoint a current election opponent to represent indigent defendants in new cases assigned to the judge?
No. The Commission said the judge would be disqualified from new cases involving that attorney and therefore could not appoint the attorney as indigent counsel in cases assigned to the judge.
May a part-time municipal judge keep representing an entity whose legal work is directed by the city department that prosecutes in the judge’s court?
No. The Commission said that arrangement would erode the court’s independence and require disqualification in all municipal cases; it limited the judge’s role in pending former-client matters to…
Is a judge disqualified from reviewing the constitutionality of a statute the judge voted on as a legislator?
No automatic disqualification follows from the earlier vote. The Commission says special circumstances or personal knowledge of disputed legislative facts may require recusal; it did not decide the…
Must a judge recuse when an attorney in the case will soon join the same multi-judge court?
No automatic recusal follows from the attorney’s judge-elect status. The Commission requires a fact-specific review for bias or a special circumstance that reasonably calls impartiality into question.
Must a judge recuse from every case involving the attorney general’s office while that office prosecutes the judge’s adult child?
No blanket recusal applies. The opinion calls for disqualification when an office employee participating in the child’s prosecution is involved in the judge’s case, or when extraordinary…
May a contractor serving or seeking to serve a judge’s court pay the judge’s conference fees or travel expenses?
No. The Commission says the contractor’s payment would create an appearance of influence or impropriety where the judge’s orders generate its business.
Is a part-time municipal judge accountable for a pattern of rights violations by court staff or private probation providers?
Yes. The Commission says part-time status and lack of hiring authority do not remove the judge’s duty to supervise court functions and protect defendants’ rights; if the court cannot operate…
May a judge use personal stationery bearing the state seal or courthouse address for campaign thank-you notes?
No. The Commission bars office indicia other than the judicial title on campaign correspondence and says personal judicial stationery must not resemble official court stationery.
Is a judge disqualified when an attorney’s parent managed a department where the judge worked 15 years earlier?
No. The Commission says the remote professional association, without a personal or ongoing relationship, does not reasonably call the judge’s impartiality into question.
May a judge appoint a former law partner as counsel or guardian ad litem?
The Commission permits an appointment only when merit, impartiality, and disqualification requirements are met. A judge should not appoint the former partner if financial ties would cause more than…
When must a new judge recuse from cases involving the judge's former representation, law partner, or probate work?
The Commission requires recusal from a matter in which the judge or a former partner served as counsel while they practiced together. An uncontested probate case or party consent does not cure those…
May a judge receive a share of legal fees for work done before taking office when the former firm is paid afterward?
Yes, under a pre-bench fee agreement and only for work the judge performed before taking office. For contingent fees, the share must reasonably reflect that work and exclude later work by successor…
May a new judge advise former clients, direct them to a former partner, or finish a title-insurance policy?
The Commission bars post-bench legal counseling and help finalizing a title-insurance policy. It permits necessary discussion with former clients only if the judge avoids practicing law, and bars…
Must a judge recuse from sheriff’s narcotics cases when the judge’s court attendant is married to an investigator?
The Commission rejects blanket recusal from every sheriff’s narcotics case, but requires it whenever the attendant’s spouse participated in the investigation or litigation. Lead-investigator or…
May a judge hear a child-support contempt petition after representing DHR in related litigation as an assistant district attorney?
No. The Commission says the judge is disqualified from petitions arising from child-support litigation in which the judge represented DHR, including a matter where the judge merely signed a prior…
Is a new judge automatically disqualified from zoning cases involving a city that once employed the judge, retained the judge, and opposed the judge’s clients?
No. The Commission says those past relationships alone do not require recusal, but the judge must assess prior work on the same matter, personal knowledge or bias, and whether the circumstances…
Must a judge recuse when a bank represented in real-estate closings appears in an unrelated case within two years?
The Commission applies a general two-year measure, but recognizes unusual circumstances in which no reasonable impartiality question remains before that period ends.
May a judge occasionally use the judge’s spouse as a substitute court reporter?
No. The Commission says the judge might have to review the spouse’s work, creating a disqualifying conflict that party consent cannot waive.
May a judge host a judicial candidate’s fundraiser or join a campaign event without fundraising?
The Commission bars listing a judge as fundraiser host on invitations to lawyers or litigants who appear or likely will appear before that judge. It leaves nonfundraising participation to a specific…
May judges preside over and evaluate mock trials at a law firm’s private training weekend?
No. The Commission says the firm-only training would benefit a particular firm, lend judicial prestige to its private interests, and create doubt about impartiality.
May a domestic-relations judge write a grant recommendation for a nonprofit that supplies court-referred visitation services?
Yes, under the Commission’s conditions for a law-related program: the letter must reflect personal knowledge, describe the program’s value to the court, and avoid donor pressure or an appearance of…
May a judge privately consult legislators about controversial reform in an area of the judge’s legal expertise?
Yes, under the Commission’s stated conditions: the consultation must concern the law or justice system, preserve judicial duties and impartiality, and comply with the other canons.
Must a circuit judge recuse from sheriff-related cases when the judge’s spouse is the county manager?
The Commission requires recusal when the county is a party, but rejects automatic recusal in the described sheriff-related matters absent another disqualifying fact. It says the judge should…
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Legal ethics opinions from the Alabama Judicial Inquiry Commission interpret the rules of professional conduct for working lawyers, in response to inquiries from members and committees. They are advisory, not binding like court discipline decisions, but courts and discipline boards treat formal opinions as substantial guidance on how the rules apply. Every opinion above has a plain-English question and short answer, plus a link to the original source on the bar's site.