Did the Commission’s March 1980 answer permit a judge to support a disbarred lawyer’s reinstatement by letter?
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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.
Plain-English summary
A judge asked whether, at a disbarred lawyer’s request, the judge could send the Board of Bar Commissioners a letter supporting the lawyer’s reinstatement. The Commission treated the proposed letter as voluntary character-witness testimony prohibited by Canon 2C.
The official PDF marks Opinion 80-70 “[Overruled by 80-84].” Opinion 80-84 explains that the Alabama Supreme Court subsequently amended Canon 2C and its commentary, and it expressly overrules the earlier answer.
Currency note
The official PDF marks this opinion “[Overruled by 80-84].” Opinion 80-84 expressly overrules the earlier answer after an amendment to Canon 2.
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: Why did the original opinion reject the letter?
A: It characterized the proposed support letter as voluntary character testimony prohibited by Canon 2C.
Q: Does the original prohibition remain the Commission’s later answer?
A: No. The PDF labels 80-70 overruled by 80-84, and Opinion 80-84 expressly overrules the earlier answer after a Canon amendment.
Background and rules framework
The original letter invoked Canon 2 and concluded that Canon 2C prohibited the requested character-support letter. Opinion 80-84 later identified an amendment to Canon 2C and overruled this conclusion.
Citations and references
Alabama Canons of Judicial Ethics:
- Canon 2
- Canon 2C
See also
- AL Judicial Ethics Op. 80-84: Later Lawyer Reinstatement Letter
- AL Judicial Ethics Op. 86-269: Later Character Letter Opinion
Source
- Landing page: Alabama JIC advisory opinions
- Original PDF: Advisory Opinion 80-70
- Later overruling opinion: Advisory Opinion 80-84
- Canon history: Alabama JIC, Canons of Judicial Ethics
Original opinion text
Reproduced from the official source for research purposes. The linked source is authoritative.
80-70
[Overruled by 80-84]
Judicial Inquiry Commission
800 SOUTH MCDONOUGH STREET
SUITE 201
MONTGOMERY, ALABAMA 36104
March 25, 1980
The Judicial Inquiry Commission has considered your request for an opinion regarding whether a judge may, at the request of a disbarred attorney, submit a letter to the Board of Bar Commissioners in support of the attorney’s application for reinstatement. You specifically request the opinion of the Commission as to whether such a letter would be in violation of Canon 2 of the Alabama Canons of Judicial Ethics. It is the opinion of the Commission that such a letter would be in the nature of voluntary testimony as a character witness and, as such, would be prohibited by Canon 2C.
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