Could a retired judge sell jointly owned law books to a county law library?
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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 retired judge and the judge’s brother jointly owned law books they proposed to sell to the county law library. The Commission said the retired judge’s participation would not violate the Alabama Canons of Judicial Ethics.
The Commission distinguished its prior view that an active judge’s sale would violate Canon 2 because of Section 36-10-8, Code of Alabama 1975. It expressly declined to interpret that statute and said the sale would still be prohibited if the retired judge were on active status.
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: Did the Commission find a Canon violation for the retired judge?
A: No. It said the retired judge’s participation in the sale would not violate the Alabama Canons.
Q: What if the retired judge was on active status?
A: The Commission said the sale would still be prohibited.
Q: Did the Commission decide the meaning of Section 36-10-8?
A: No. It said it lacked authority to interpret that statute.
Background and rules framework
The Commission distinguished a retired judge from an active judge under its Canon 2 analysis. It referred to Section 36-10-8, Code of Alabama 1975, but declined to interpret that statute.
Citations and references
Alabama Canons of Judicial Ethics:
- Canon 2
Statutes:
- Section 36-10-8, Code of Alabama 1975
See also
- AL Judicial Ethics Op. 81-115: Former Partners’ Rent From Judge Property
- AL Judicial Ethics Op. 81-116: Shared Mortgage With Former Partners
Source
- Landing page: Alabama JIC advisory opinions
- Original PDF: Advisory Opinion 80-71
- Canon history: Alabama JIC, Canons of Judicial Ethics
Original opinion text
Reproduced from the official source for research purposes. The linked source is authoritative.
80-71
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 the propriety of a sale of law books owned jointly by the retired judge and his brother to the county law library. It is the opinion of this Commission that by participating in such a sale, the retired judge would in no way violate the Alabama Canons of Judicial Ethics. As you are aware, the Commission has previously held that such a sale by an active judge would violate Canon 2 in that such action would constitute a criminal offense under Section 36-10-8, Code of Alabama 1975. While we do not think it is a violation of Canon 2, we do not have the authority to interpret Section 36-10-8, Code of Alabama 1975. If, however, the retired judge is on active status, such a sale would still be prohibited.
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