Could a district judge hire a local lawyer’s wife as the judge’s secretary?
Apply this to your situation
This page answers the general question as of 1978. Ask about yours and see what the current rules of professional conduct in your state say for your facts, with citations.
Plain-English summary
A district judge asked whether the judge could hire the wife of a local lawyer as a confidential secretary.
The Commission identified Canon 3B(4) as the provision governing the appointment. It said the appointment could be made if the proposed secretary was the most qualified applicant, consistent with hiring on merit and avoiding nepotism and favoritism.
Currency note
This opinion was issued in 1978, after the Alabama Supreme Court’s 1975 adoption of the Alabama Canons of Judicial Ethics. Subsequent amendments or later opinions may have changed the analysis. Treat this page as historical context and verify the current Canons and linked opinion before relying on its conclusions.
Common questions
Q: Did the lawyer relationship itself bar hiring?
A: No. The Commission said the appointment could be made if the applicant was the most qualified.
Q: What standard did the Commission apply?
A: Canon 3B(4)’s merit-based appointment standard, avoiding nepotism and favoritism.
Background and rules framework
The letter applies Canon 3B(4) to a judge’s secretary appointment and identifies merit as the decisive condition.
Citations and references
Alabama Canons of Judicial Ethics:
- Canon 3B(4)
See also
- AL Judicial Ethics Op. 80-66: Wife’s Law Firm Bookkeeping Job
- AL Judicial Ethics Op. 79-63: Family Members’ Juvenile Home Jobs
Source
- Landing page: Alabama JIC advisory opinions
- Original PDF: Advisory Opinion 78-33
- Canon history: Alabama JIC, Canons of Judicial Ethics
Original opinion text
Reproduced from the official source for research purposes. The linked source is authoritative.
78-33
Judicial Inquiry Commission
800 SOUTH MCDONOUGH STREET
SUITE 201
MONTGOMERY, ALABAMA 36104
March 1, 1978
The Judicial Inquiry Commission has considered your request for an opinion regarding whether or not a District Judge may hire as a confidential employee, the wife of a member of the local bar. The employee in question would be hired as your secretary. Canon 3B(4) requires that a judge “ ... should exercise his power of appointment only on the basis of merit, avoiding nepotism and favoritism.” This is the only Canon regulating the appointment of employees by a judge. It is therefore our opinion that the appointment in question could be made if the proposed appointee is the most qualified applicant for the position. Very truly yours,
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