May a judge send a letter on official stationery encouraging local lawyers to join the State Bar’s Volunteer Lawyers Program?

Plain-English summary

A circuit judge proposed writing local bar members on official stationery to encourage participation in the Alabama State Bar’s Volunteer Lawyers Program. The letter described a need for civil legal services and invited lawyers who had not enrolled to join.

The Commission concluded that this particular letter was not prohibited. Canon 4 permitted activity to improve the law and legal system if it did not cast doubt on impartiality; the letter sought professional services, rather than money, for a State Bar program.

The Commission also noted that the letter encouraged lawyers to fulfill Rule 6.1’s pro bono service provision and that participating lawyers were not identified in court as appearing for the program.

In practice

The permission attaches to the proposed letter as written and the State Bar program described in the opinion.

Common questions

Q: Could the judge send the proposed letter?

A: Yes. The Commission found it permissible as written.

Q: Did the letter request money?

A: No. It requested donated professional services.

Q: Was this a private organization’s program?

A: No. The opinion identifies the Alabama State Bar as the program operator.

Background and rules framework

Canon 4 permits certain activity improving the law, legal system, and administration of justice without casting doubt on impartiality. The opinion also discusses Alabama Rule of Professional Conduct 6.1 on pro bono service.

Citations and references

Alabama Canons of Judicial Ethics:

• Canon 4

Alabama Rules of Professional Conduct:

• Rule 6.1, Pro Bono Publico Service

See also

• AL Judicial Ethics Op. 05-848: Inadvertent Letter and Legislator Relative
• AL Judicial Ethics Op. 05-849: Relative Attorney’s Late Appearance

Source

• Landing page: Alabama JIC advisory opinions
• Original PDF: Advisory Opinion 04-847

Original opinion text

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

JUDICIAL INQUIRY COMMISSION
DATE ISSUED: DECEMBER 17, 2004 ADVISORY OPINION 04-847
WRITING A LETTER REQUESTING
PARTICIPATION IN VOLUNTEER
LAWYERS PROGRAM
ISSUE
Maya judge write a proposed letter to mem­
bers of a local bar association encouraging
participation in the State Bar's Volunteer
Lawyers Program? Answer: Yes, the letter as
written is not prohibited by the Alabama
Canons ofJudicial Ethics.
FACTS
A circuit judge proposes sending a letter on
official stationery to members of a local bar
association soliciting their participation in
the Alabama State Bar's Volunteer Lawyers
Program. In the letter, the judge would state
that a need exists for basic civil legal services
despite the time already volunteered by most
lawyersinprOViding services for clients with­
out compensation, that the state bar program
has been created to provide attorneys with an
organized mechanism for volunteering pro­
fessional services to meet the needs of low
income citizens, and that the success of the
program depends upon the lawyers willing to
donate their time and expertise through this
very worthwhile project. The judge also
would encourage attorneys to enroll in the
state bar program if they have not already
done so.
DISCUSSION
Canon 4 provides that, subject to proper per­
formance ofjudicial duties, a judge may en­
gage in activities to improve the law, the legal
system, and the administration ofjustice if, in
so doing, he does not cast doubt on his capac­
ity to decide impartially any issue that may
come before him. Quast-judicial activities
permitted under Canon 4include assisting an
organization devoted to the improvement of
the law, the legal system, or the administra­
tion of justice to raise funds. The proposed
letter does not request a financial donation,
but it does solicit the donation ofprofessional
services.
The letter, as written, merely encourages
attorneys tofulfill the provisions ofRule6.1 of
the Rules ofProfessional Conduct, "Pro Bono
Publico Service." The program in which the
judge encourages participation is not oper­
ated by a private organization, but rather by
the State Bar. An attorney participating in
the program does not appear in court under
the auspices of the program. It is the Com­
mission's understanding that a participating
attorney also is not otherwise identified as
having undertaken a particular case. The
proposed letter does not reflect adversely
upon the judge's impartiality or otherwise
create an appearance of impropriety.
The Commission is of the opinion that the
letter, as written, is not prohibited by the
Alabama Canons ofJudicial Ethics.
REFERENCES
Alabama Canons ofJudicial Ethics, Canon 4.
This opinion is advisory only and is based on
the specific facts and questions submitted by
thejudge who requested the opinionpursuant
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, Mont­
gomery, Alabama 36130-3400; tel.: (334) 242­
4089; fax: (334) 353-4043; E-mail:
[email protected].