May an Alabama probate judge serve on the board of a regional mental health authority?

Plain-English summary

The Judicial Inquiry Commission considered whether a probate judge could join the board of a regional mental health authority. The opinion describes those authorities as public corporations created by local governments under Alabama Code section 22-51-1 and following provisions.

Canon 5G ordinarily discourages a judge from accepting a governmental position concerning policy outside the law, legal system, or administration of justice, unless law requires it. The Commission says the regional authority does not fit a Canon 5G exception, but probate judges are exempt from Canon 5G under the Compliance section of the Alabama Canons of Judicial Ethics. It therefore concludes that the proposed board service is not prohibited.

The opinion also points to Canons 2 and 2A. It says board service must not conflict with the judge's duties to avoid the appearance of impropriety and promote public confidence in the judiciary's integrity and impartiality. It specifically says the probate judge should keep judicial responsibilities separate from board work.

In practice

The permission rests on the probate judge's exemption from Canon 5G. The Commission's answer still treats separation of the judge's court work and the authority's board work as part of the proposed arrangement.

Common questions

Q: Does Canon 5G bar an Alabama probate judge from this board?

A: No. The Commission says the regional authority does not fall within Canon 5G's exceptions, but probate judges are exempt from compliance with that Canon.

Q: Does the opinion address any other limits on the judge's board service?

A: Yes. It cites Canons 2 and 2A on avoiding the appearance of impropriety and maintaining public confidence, and says judicial responsibilities should remain separate from board work.

Background and rules framework

The opinion interprets Alabama Canon 5G and the Compliance section's probate-judge exemption. It also applies Canons 2 and 2A to the judge's proposed service. It identifies regional mental health authorities as public corporations authorized by Alabama Code section 22-51-1 and following provisions.

Citations and references

Alabama Canons of Judicial Ethics:

• Canons 2, 2A, and 5G; Compliance § C.

Statutes:

• Alabama Code § 22-51-1 and following provisions, including § 22-51-1(8).

Other opinions cited:

• Alabama JIC Advisory Opinion 97-663, cited concerning board service by a judge.
• Alabama JIC Advisory Opinions 97-681 and 04-836, cited concerning separation of judicial responsibilities from board work.

See also

No sibling opinions yet indexed.

Source

• Landing page: Alabama JIC advisory opinions
• Original PDF: Advisory Opinion 25-970

Original opinion text

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

JUDICIAL INQUIRY COMMISSION
DATE ISSUED: AUGUST 7, 2025 ADVISORY OPINION 25-970
PROBATE JUDGE: SERVING ON
BOARD OF DIRECTORS OF
REGIONAL MENTAL HEALTH
AUTHORITY
ISSUE
May a probate judge serve as a
member of the board of directors of a
regional mental health authority?
Answer: Yes.
FACTS
Ala. Code § 22-51-1, et seq.,
authorizes local governments to
create, as public corporations,
regional mental health authorities,
and sets out the composition and
powers of such authorities.
Generally, the purpose of these
authorities is to engage in “[t]he
planning and taking of other steps
leading to comprehensive state and
community action to combat all forms
of mental or emotional illness or
debility, including, but not limited to,
alcoholism, drug addiction, epilepsy
and intellectual disability,” including
researching the causes and means of
treating such illnesses, identifying
resources to assist in treating such
illnesses, and to provide services and
training to treat such illnesses. Ala.
Code § 22-51-1(8).
DISCUSSION
A judge’s service on the board of
directors of a public corporation is
subject to Canon 5G. See Advisory
Opinion 97-663. That Canon
provides, in pertinent part:
It is desirable that a judge
should not accept appointment
to a governmental committee,
commission, or other position
that is concerned with issues of
fact or policy on matters other
than the improvement of the
law, the legal system, or the
administration of justice or
unless required by law.
Though a regional mental health
authority does not fall under Canon
5G’s exceptions and would ordinarily
be discouraged, probate judges are
exempt from compliance with Canon
5G. Compliance with the Canons of
Judicial Ethics § C. Therefore, a
probate judge would not be prohibited
from serving on the board of directors
of a regional mental health authority
created pursuant to Chapter 51 of
Title 22 of the Code of Alabama.
A probate judge who does choose
to serve on one of these boards should
be mindful, however, that their
service on the board does not conflict
with the judge’s obligation to avoid
even the appearance of impropriety
and to promote the public’s
confidence in the integrity and
impartiality of the judiciary. Canons
2 and 2A. More specifically, probate
judges should ensure that their
judicial responsibilities remain
separate from their work with the
board of directors of the regional
mental health authority. Advisory
Opinions 97-681 and 04-836.
ADVISORY OPINION 25-970
PAGE 2
REFERENCES
Alabama Canons of Judicial Ethics 2,
2A, 5G, Compliance § C.
Ala. Code § 22-51-1(8) (Westlaw,
current through the end of the 2025
Regular Session).
Alabama JIC Advisory Opinions 97-
663, 97-681, and 04-836.
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].