Ezel / Ethics Opinions / JUDICIAL-AL

Could a judge send information in response to a public bar reinstatement notice and testify at the proceeding?

Short answer The Commission said the judge should furnish requested information to bar counsel, but Canon 2C barred testimony at the proceeding unless the judge was subpoenaed.
Bar
JUDICIAL-AL
Issued
October 4, 1978
Source
View Original PDF

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.

Disclaimer: Advisory only. Not binding precedent.
About this page: The plain-English summary, reader guidance, and Q&A below were written by Ezel based on the official ethics opinion. The original opinion (linked on this page as a PDF) is the authoritative source for any reliance.
View original ethics opinion (PDF)

Plain-English summary

The Alabama State Bar issued a general notice requesting that members of the public provide its general counsel information relevant to a reinstatement petitioner’s qualifications. The judge asked whether to respond.

The Commission said the judge should furnish the requested information. It distinguished testimony at a reinstatement proceeding, which Canon 2C did not permit unless the judge was subpoenaed.

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: Should the judge send relevant information to bar counsel?

A: Yes. The Commission said to furnish information requested by the general notice.

Q: Could the judge voluntarily testify at the reinstatement proceeding?

A: No. It said Canon 2C allowed testimony only if the judge was subpoenaed.

Background and rules framework

The letter distinguishes furnishing information in response to a public bar notice from testifying at a proceeding. It names Canon 2C for the testimony restriction.

Citations and references

Alabama Canons of Judicial Ethics:

  • Canon 2C

See also

Source

Original opinion text

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

78-48
Judicial Inquiry Commission
800 SOUTH MCDONOUGH STREET
SUITE 201
MONTGOMERY, ALABAMA 36104
October 4, 1978
The Judicial Inquiry Commission has considered your request for an opinion concerning whether a judge may respond to a general notice of a Petition for Reinstatement to the Alabama State Bar in which it is requested that members of the public furnish to the general counsel of the state bar, any information relevant to the qualifications of the petitioner. It is the opinion of this Commission that a judge should respond to the above-described notice by furnishing such requested information. However, under Canon 2C of the Alabama Canons of Judicial Ethics, a judge should not testify at such a proceeding unless he is subpoenaed to do so.

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