May a presiding judge sign a letter recruiting male leaders to denounce violence against women and endorsing a workplace guide?

Plain-English summary

A presiding circuit judge proposed signing a letter asking male community leaders to support a domestic-violence organization, attend a breakfast, make a public statement, and encourage workplace use of a guide. The Commission advised him not to sign it.

The opinion said a judge could publicly oppose crime in some circumstances, but this letter singled out violence against women and could make the judge appear aligned with an advocacy group or predisposed in related cases. It also said the judge’s office could lend prestige to the group’s recruitment effort under Canon 2C.

The proposed guide covered employers’ legal duties, policies, and safety plans. The Commission said the judge’s endorsement would at least appear to provide legal advice about subjects that might later be litigated, while Canon 5B contemplated only nonlegal advice to civic organizations.

In practice

The holding applies to the specific recruitment letter and guide endorsement, including the letter’s gender-specific focus. The opinion identified impartiality, use of office, and apparent legal-adviser roles.

Common questions

Q: Did the letter request donations?

A: No. The opinion says it did not seek funds, but it encouraged support and membership.

Q: Why did the gender-specific message concern the Commission?

A: It could make the judge appear predisposed in cases involving the offenses the letter addressed.

Q: Why did endorsement of the employer guide matter?

A: The guide discussed legal responsibilities and policies that could become issues in litigation.

Background and rules framework

The opinion applies Canons 5 and 5B to civic activity, Canon 2A and Canon 3 to impartiality, and Canon 2C to use of judicial prestige for an organization.

Citations and references

Alabama Canons of Judicial Ethics:

• Canons 2A, 2C, 3, 5, and 5B

Other opinions cited:

• Alabama Advisory Opinion 00-750, a sexual-assault rally speech
• Alabama Advisory Opinion 83-179, use of office for membership solicitation

See also

• AL Judicial Ethics Op. 07-883: Recusal After Representing a Defendant’s Spouse
• AL Judicial Ethics Op. 07-884: Son’s Former Employment at Counsel’s Firm

Source

• Landing page: Alabama JIC advisory opinions
• Original PDF: Advisory Opinion 07-885

Original opinion text

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

JUDICIAL INQUIRY COMMISSION
DATE ISSUED: July 13,2007 ADVISORY OPINION 07-885
EXTRA-JUDICIALACTIVITIES - LETTER
RECRUITING MALE COMMUNITY
LEADERS TO PUBLICLY DENOUNCE
DOMESTIC VIOLENCE AGAINST
WOMEN AND ENDORSING A MANUAL
ON DOMESTIC VIOLENCE IN THE
WORKPLACE
ISSUE
Maya presiding circuit judge sign a letter to
male leaders of his community encouraging
them to join and support "Men Against
Domestic Violence" and endorsing a manual
for businesses' human resources departments?
ANSWER: No.
FACTS
A presiding circuitjudge has submitted to the
Commission a proposed letter to be sent over
his signature as well as the signatures of
others (unidentified) to "a select group of
[their] community's male leaders." In the
letter, the signatories declare they are "taking
a stand against domestic violence" and need
"men to tell other men that battering women
will not be tolerated in [their] community."
Although the letter does not solicit funds, the
judge interprets it as encouraging the
recipients to join the organization "Men
Against Domestic Violence." It asks the
recipients (1) to attend a men's breakfast,
cosponsored by two non-profit organizations,
to hear a nationally recognized speaker and
author of The Macho Paradox: Why Some
Men Hurt Women and How All Men Can
Help; (2) to ask the human resources
departments oftheirbusinesses "to learn about
adapting and implementing best practices for
workplace safety" by reviewing Domestic
Violence in the Workplace: A Guide for
Employers, a manual developed in
collaboration with the Alabama Coalition
Against Domestic Violence, and by attending
the Governor's Conference on Domestic
Violence; and (3) to make a public statement
with the other attendees of the breakfast that
they and their organizations will not tolerate
domestic violence.
DISCUSSION
A judge's participation in extra-judicial
activities is governed by Canon 5, which
provides, "A judge should regulate his extra­
judicial activities to minimize the risk of
conflict with his judicial duties." See also
Canon 3 ("The judicial activities of a judge
take precedence over his other activities.")
Canon 5B further provides, "A judge may
participate in civic and charitable activities
that do not reflect adversely upon his
impartiality or interfere with the performance
ofhisjudicial duties." See also Canon 2A ("A
judge ... should conduct himselfat all times in
a manner that promotes public confidence in
the integrity and impartiality of the
judiciary."); Canon 3 ("A judge should
perform the duties of his office impartially
...."). "Paramount in .., Canon [5] is that the
civic activity neither reflect adversely upon
the judge's impartiality not interfere with the
proper performance of his judicial duties."
Advisory Opinion 87-293.
While it may be permissible for a judge to
publicly take a stance against crime, the
judge's direct specification of a particular
crime, especially limited to one gender, would
reflect adverselyupon thejudge's impartiality.
For example, a judge's impartiality might
reasonably be questioned where a man, being
prosecuted for a violent crime against a
ADVISORY OPINION 07-885
Page 2
female, claims selfdefense; or where a judge
is sentencing a male abuser.
Although judges are opposed to domestic
violence in any form, a judge should not give
the appearance that he has adopted orsupports
an organization's agenda that is not gender­
neutral. In addition, he should not give the
appearance of alignment with an advocacy
organization for domestic violence victims.
See, e.g., Advisory Opinion 00-750 (a circuit
judge should not give a speech at a "Take
Back the Night" rally that expresses favor and
appreciation to those who are proclaimingthat
they are taking back the nights in the city to
make the city safe against sexual assault and
will not remain quiet about the issue; 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 event's sponsoring
organization). Such appearance of
impartiality could require the judge to
disqualify himself, which in turn would
potentially create interference with the
performance of judicial duties through
increased recusals.
Moreover, Canon 2C's provision that ajudge
should not lend the prestige of his office to
advance the private interests ofothers would
prohibit the use of the prestige of the judicial
office to garner support for such activity and
to encourage membership, particularlythe use
of the prestige of the office of a presiding
judge in such a high-profile manner. See
Advisory Opinion 83-179 (a judge is
prohibited from lending the prestige of his
office to an organization's solicitation of
membership).
The Commission's other paramount concern
is that, by endorsing the employer's guide to
domestic violence in the workplace, thejudge
is acting as a legal adviser, albeit indirectly.
The employer's guide contains sections on an
employer's legal responsibilities, sample
policies and guidelines, and sample safety
plans - all issues that could arise in litigation.
Canon 5B specifies that, in his interaction with
civic and charitable organizations, ajudge may
serve as a "nonlegal adviser."
Regardless of whether the judge's imprimatur
of the manual would constitute giving legal
advice, it would still give the appearance ofthe
judge's acting as a legal adviser on issues that
could come before the courts for adjudication.
See, e.g., Advisory Opinion 02-804 (serving on
the board of Alabama Foster and Adoptive
ParentsAssociation might create areflection of
impartiality, in part, because the organization's
activities promote positions on issues thejudge
would be called upon to decide).
While the goal of ending domestic violence is
laudable and the organizations that are striving
toward that goal are exemplary, ajudge should
refrain from signing the proposed letter.
REFERENCES
Advisory Opinions 02-804,00-750, 87-293,
and 83-179.
Alabama Canons of Judicial Ethics, Canons
2A, 2C, 3, 5, and 5B.
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.