Ezel / Ethics Opinions / JUDICIAL-AL

Did a judge’s wife working as a local lawyer’s bookkeeper automatically disqualify the judge from matters involving that firm?

Short answer No. The Commission said the described employment was allowed and alone did not cause disqualification under Canon 3C; it also directed attention to Canon 5C.
Bar
JUDICIAL-AL
Issued
January 23, 1980
Source
View Original PDF

Apply this to your situation

This page answers the general question as of 1980. 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 Not binding precedent.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 judge asked whether the judge’s wife could work as a bookkeeper or accountant for a lawyer practicing in the judge’s jurisdiction. The request said she would not directly assist with legal matters coming before the judge.

The Commission said the Canons did not prohibit that employment. It also said the mere employment did not require disqualification under Canon 3C in proceedings involving the firm, while calling the judge’s attention to Canon 5C.

Currency note

This opinion was issued in 1980, 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: What work would the wife do?

A: The request describes bookkeeping or accounting without direct assistance on legal matters before the judge.

Q: Did the job alone disqualify the judge from firm matters?

A: No. The Commission said the mere employment did not cause disqualification under Canon 3C.

Q: What other Canon did the Commission flag?

A: It directed the judge to remain mindful of Canon 5C.

Background and rules framework

The letter addresses spousal employment and judicial disqualification under Canon 3C. It also mentions Canon 5C without resolving any separate issue under it.

Citations and references

Alabama Canons of Judicial Ethics:

  • Canon 3C
  • Canon 5C

See also

Source

Original opinion text

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

80-66
Judicial Inquiry Commission
800 SOUTH MCDONOUGH STREET
SUITE 201
MONTGOMERY, ALABAMA 36104
January 23, 1980
The Judicial Inquiry Commission has considered your request for an opinion in which you ask whether a Judge’s wife may be employed by an attorney who practices within the jurisdiction served by her judge husband. The wife would serve as a bookkeeper or accountant and would not directly assist with any legal matters which might come before the Judge’s court. It is the opinion of the Commission that the Canons of Judicial Ethics do not prohibit such employment. Nor would the mere fact of such employment cause the Judge’s disqualification under Canon 3C in proceedings in which the law firm is interested. However, you should be ever mindful of the provisions of Canon 5C.

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