May a judge speak at a sexual assault rally sponsored by a group active in prosecutions?
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This page answers the general question as of 2000. Ask about yours and see what the current rules of professional conduct in your state say for your facts, with citations.
Plain-English summary
A circuit judge was invited to a 'Take Back the Night' rally sponsored by a counseling center. The proposed speech would praise efforts to make the city safe against rape. The center's Council Against Rape worked with a response team that included prosecutors and police and aimed to improve sexual-assault prosecution outcomes.
The Commission rejected the speech as proposed. It said the event's setting and the sponsor's prosecution-related activities would make the judge appear partial in sexual-assault cases. It distinguished neutral educational speech about an issue from speech endorsing a group engaged in criminal-case investigation or prosecution.
Currency note
This opinion was issued in 2000, after the Alabama Supreme Court's 1975 adoption of the Alabama Canons of Judicial Ethics. Subsequent amendments or later opinions may have changed the analysis. Treat this page as historical context and verify the current Canons and linked opinion before relying on its conclusions.
Common questions
Q: Was every speech about sexual assault prohibited?
A: The Commission's answer concerned this proposed rally speech and its sponsor's prosecution role, not all discussion of sexual assault.
Q: What feature of the sponsor mattered?
A: Its Council Against Rape participated in a response team tied to criminal investigations, victims, and prosecution outcomes.
Background and rules framework
Alabama Canon 5 and 5B govern outside civic activity and require protection of impartiality and judicial duties. The Commission also cited Canons 1 and 2 and earlier opinions on speeches connected with advocacy and criminal-case services.
Citations and references
The opinion cites Alabama Canons 1, 2, 5, and 5B, and Advisory Opinions 87-293, 89-389, and 95-577.
See also
Source
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Landing page: Alabama JIC advisory opinions
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Original PDF: Advisory Opinion 00-750
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Canon history: Alabama JIC, Canons of Judicial Ethics
Original opinion text
Reproduced from the official source for research purposes. The linked source is authoritative.
JUDICIAL INQUIRY COMMISSION
DATE ISSUED: MARCH 17, 2000 ADVISORY OPINION 00-750
SPEAKING AT CIVIC OR
C HARITABLE ORGANIZATION
FUNCTION
ISSUE
May a judge give a speech at a rally sponsored
by a local counseling center that is favorable
to and appreciative of those working to make
the city safe against rape? Answer: No, not
under the facts in this case.
FACTS
A circuit judge has been asked to speak at the
annual “Take Back the Night” rallysponsored
by a local counseling center. The rally
involves a march up Montgomery’s Dexter
Avenue to the Capital steps by survivors of
sexual assaults and others who care deeply
about crimes involving sexual assault, and a
proclamation that they are taking back the
nights in the city and will not remain quiet
about this issue. The judge’s speech would be
favorable to and appreciative of those who are
working to help make the city safe against
rape.
The counseling center includes in its
operations an organization called the Council
Against Rape. The Council Against Rape
participates in a Sexual Assault Response
Team for the city that also includes
representatives from law enforcement, the
district attorney’s office, a family advocacy
program, a local hospital, the Department of
Forensic Sciences, the Alabama Crime
Victims Compensation Commission, sexual
assault victims/survivors, and the media. The
stated purpose of the team is to improve the
prosecution rate of criminals who commit
sexual assaults while providing immediate
support for victims. Its goals include
improving the quality of forensic
examinations, trending data on judicial
outcome, and providing data for grant funding
and research purposes. The team has
implemented a program for the performance
of forensic examinations at the hospital
participating on the team. Support services by
the Council Against Rape include the
accompaniment of victims to medical and
legal proceedings and individual, group, and
family counseling.
DISCUSSION
The question presented is primarily governed
by Canon 5. Canon 5 provides: “A judge
should regulate his extra-judicial activities to
minimize the risk of conflict with his judicial
duties.” Canon 5B states that a judge “may
participate in civic and charitable activities
that do not reflect adversely upon his
impartiality or interfere with the performance
of his judicial duties.”
In AdvisoryOpinion 87-293, the Commission
was asked whether a judge could speak to
groups about the problems of child abuse and
the activities of a particular child advocacy
center that provided services that included
gatheringevidencenecessaryforvariouskinds
of legal proceedings. The Commission
concluded that the judge was not prohibited
under Canon 5 from speaking to groups on the
problems of child abuse but, due to the
center’s activities in criminal investigation
and litigation, he should refrain from any
speeches about the center’s activities other
than statements that described, “without
characterizing those activities.” The
Commission noted that Canon 5 prohibits
speeches or talks that through their content or
otherwise tend to reflect adversely on a
judge’s impartiality.
ADVISORY OPINION 00-750
PAGE 2
In addressing a similar question in Advisory
Opinion 89-389, the Commission stated that
the judge “must make every effort to avoid
giving the appearance of a predisposition in
matters that are likely to come before him and
to avoid participation in matters which may
otherwise cause his disqualification in such
matters.” In speaking to a question about
involvement with victims’ rights groups in
Advisory Opinion 95-577, the Commission
further noted that “the canons must be con-
strued and applied to further the objective of
preserving the integrity and independence of
the judiciary (Canon 1), and . . . a judge must
avoid even the appearance of impropriety in
all his actions and should conduct himself at
all times in a manner that promotes public
confidence in the integrity and impartiality of
the judiciary.”
It is the opinion of the Commission that the
contemplated speech is not permissible under
the Alabama Canons of Judicial Ethics.
Giving such a speech would reflect adversely
on the judge’s impartiality in cases involving
sexual assaults, given the ambiance of the
event and the partisan activities of the
counseling center that is sponsoring the event
in connection with the prosecution of criminal
cases involving such assaults.
REFERENCES
Alabama Advisory Opinions 87-293, 89-389,
and 95-577.
AlabamaCanonsof Judicial Ethics, Canons 1,
2, 5, and 5B.
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