May a judge serve on a statutory Juvenile Justice Fund Committee?

Plain-English summary

A local legislative act placed judges and other officials on a committee that directed juvenile justice fund expenditures. The judge asked whether an earlier opinion barred service. The Commission explained that Opinion 94-526 concerned simultaneous administration of a fund and service on the board of a nonprofit receiving money from it. No such recipient connection was shown here, so committee service was permitted.

Common questions

Q: May a judge serve on a statutory Juvenile Justice Fund Committee?

A: Yes. The Commission permitted service because the facts did not suggest the judge had a connection with any entity that might receive money from the fund.

Background and rules framework

The Commission applied the Alabama Canons of Judicial Ethics to the judge’s statutory committee service. Its comparison with Opinion 94-526 turned on whether the judge also served an entity receiving fund money.

Citations and references

Alabama Advisory Opinion 94-526.

See also

• AL Judicial Ethics Op. 94-526: Juvenile Fund and Nonprofit Board

Source

• Landing page: Alabama JIC advisory opinions
• Original PDF: Advisory Opinion 03-830

Original opinion text

Best-effort transcription from a scanned PDF. Minor errors may remain; the linked PDF is authoritative.

Reproduced from the official source for research purposes. The linked source is authoritative.

JUDICIAL INQUIRY COMMISSION

DATE ISSUED: DECEMBER 19, 2003

ADVISORY OPINION 03-830

SERVING ON JUVENILE JUSTICE FUND
COMMITTEE PURSUANT TO STATUTE

ISSUE

May a judge serve on a Juvenile Justice Fund
Committee as provided by local legislative
act? Answer: Yes.

FACTS

Under a revision to a certain local act, a
county may expend monies from a particular
fund only for those expenditures for juvenile
justice or enforcement purposes authorized
and directed by the Juvenile Justice Fund
Committee. By the same act, the presiding
circuit judge, the juvenile court judge, and
other listed officials comprise the committee.

The inquiring judge has refrained from
participation on the committee in the light of
Advisory Opinion 94-526.

DISCUSSION

In Advisory Opinion 94-526, the Commission
concluded that it was not proper for a judge to
serve as an administrator authorizing the
expenditure of juvenile court system funds
while at the same time serving on the board of
directors of a non-profit corporation which
would receive monies from that fund. The
Commission was of the opinion that
“[s]ervice in both capacities lends itself to the
‘appearance of impropriety’ and does not tend
to ‘promote public confidence in the integrity
and impartiality of the judiciary.’” Because
service as a board member would interfere
with the proper performance of judicial
duties (in this case, to authorize expenditures
from the particular juvenile court system
fund), the Commission informed the judge
that he should resign his membership on the
board of the non-profit corporation. Advisory
Opinion 94-526.

The Commission stated in Advisory Opinion
94-526 that there was no ethical prohibition

against the judge either administering the
Juvenile Court System Fund as authorized by
law or serving as a member of the board of
directors of a non-profit corporation that
would receive financial resources from that
fund. Rather, the conflict with the Canons of
Judicial Ethics arose from simultaneous
service in both capacities.

The facts presented by the inquiring judge do
not suggest that he has any connection with
any entity that might be the recipient of
monies from the subject fund. The
Commission is of the opinion that the Canons
of Judicial Ethics permit his service on the
Juvenile Justice Fund Committee as provided
by local legislative act.

REFERENCES

Advisory Opinion 94-526.

This opinion is advisory only and is based on
the specific facts and questions submitted by
the judge who requested the opinion pursuant
to Rule 17 of the Rules of Procedure of the
Judicial Inquiry Commission. For further
information, you may contact the Judicial
Inquiry Commission, P. O. Box 303400,
Montgomery, Alabama 36130-3400; tel.: (334)
242-4089; fax: (334) 353-4043; E-mail:
[email protected].