May an Alabama probate judge be honored at a cancer charity's fundraising event?

Plain-English summary

The local chapter of the American Cancer Society invited a probate judge to be an honoree at an annual fundraising event. The judge's name and biography would appear with other community leaders, but the judge would have no fundraising responsibilities. The roster might call the judge “The Honorable,” as it did other elected officials, and mention the probate judgeship in the biography.

Canon 5B permits civic and charitable activities that do not reflect adversely on impartiality or interfere with judicial duties. Canon 5B(2) generally calls judicial fundraising undesirable, but probate judges are exempt from that provision under the Compliance section.

The Commission says the proposed recognition is neither prohibited nor discouraged for a probate judge unless it affects impartiality or judicial duties. It considers it unlikely that the charity would litigate before the judge and says merely attending the event would not interfere with the judge's work. It therefore approves this honoree role on the stated facts.

In practice

The opinion treats the absence of fundraising responsibilities and the limited obligation to attend the event as part of the proposed role. It applies Canon 5B's impartiality and judicial-duty limits while recognizing the probate-judge exemption from Canon 5B(2).

Common questions

Q: Does appearing on the honoree roster count as prohibited fundraising for this probate judge?

A: The Commission permits the described listing and recognition. It says probate judges are exempt from Canon 5B(2), and this judge had no fundraising responsibilities.

Q: Does the answer remove Canon 5B's limits on civic activity?

A: No. The Commission says a probate judge's participation must still avoid adversely reflecting on impartiality or interfering with judicial duties.

Background and rules framework

The opinion applies Alabama Canon 5B on civic and charitable activities and Canon 5B(2) on fundraising. Compliance § C exempts probate judges from Canon 5B(2), while Canon 5B's other limits remain part of the Commission's analysis.

Citations and references

Alabama Canons of Judicial Ethics:

• Canon 5B, Canon 5B(2), and Compliance § C.

See also

• AL Judicial Ethics Op. 25-970: Probate Judge on Mental Health Board
• AL Judicial Ethics Op. 25-967: Judge as Law School Dean

Source

• Landing page: Alabama JIC advisory opinions
• Original PDF: Advisory Opinion 24-961

Original opinion text

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

JUDICIAL INQUIRY COMMISSION
DATE ISSUED: JANUARY 25, 2024 ADVISORY OPINION 24-961
PROBATE JUDGES: CIVIC &
CHARITABLE ACTIVITIES
ISSUES
May a probate judge be recognized
as an honoree by the local chapter of
the American Cancer Society at its
annual fundraising event?
Answer: Yes.
FACTS
A probate judge has been invited
to be recognized as an honoree by the
local chapter of the American Cancer
Society at its annual fundraising
event. Honorees include a broad array
of community leaders, including
other elected officials, who have been
or have family members who have
been directly impacted by cancer.
The judge’s name would be
included on the list of honorees and
the judge would not have any
fundraising responsibilities.
However, the roster of honorees is
used to promote attendance at the
event, which, in turn, raises money
and resources for cancer research and
aid to individuals who need
treatment. The judge would not be
referred to as “Judge” on the roster,
but may be referred to as “The
Honorable” as all other elected
officials. A bio would be provided
that would include the fact that the
judge serves as a probate judge.
DISCUSSION
The civic and charitable activities
of a judge are governed by Canon 5B.
That Canon states, “A judge may
participate in civic and charitable
activities that do not reflect adversely
upon [the judge’s] impartiality or
interfere with the proper performance
of [the judge’s] judicial duties.”
Further, Canon 5B(2), regarding fund
solicitation, states, “It is desirable
that a judge not solicit funds for any
educational, religious, charitable,
fraternal, or civic organization or
institution, or use or permit the use of
his [or her] office for that purpose.”
However, probate judges are exempt
from compliance with Canon 5B(2).
Compliance with the Canons of
Judicial Ethics § C.
It is the opinion of the
Commission that a probate judge is
neither prohibited nor discouraged
from being recognized as an honoree
at an annual fundraising event for a
civic or charitable organization
unless doing so would reflect
adversely upon his impartiality or
interfere with the proper performance
of his judicial duties. As a probate
judge, it is unlikely that the American
Cancer Society will be involved in
any litigation before the judge or that
his being recognized as an honoree at
the event would create a reasonable
basis for questioning his impartiality
in any case that may come before him.
Additionally, simply attending the
annual fundraiser, which appears to
be the only obligation the judge
would face as an honoree, would not
interfere with the proper performance
of the judge’s judicial duties.
Therefore, the judge may be
recognized as an honoree at the local
ADVISORY OPINION 24-961
PAGE 2
chapter of the American Cancer
Society’s annual fundraiser.
REFERENCES
Alabama Canons of Judicial Ethics
5B, 5B(2), and Compliance with the
Canons of Judicial Ethics§ C.
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 18 of the Alabama 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; email:
[email protected].