Could a district judge be paid to referee or umpire local sports games?

Plain-English summary

The first question in a two-answer letter asked whether a district judge could referee or umpire basketball, football, and softball games in the county or elsewhere in Alabama, with or without pay.

The Commission said yes, provided the work did not interfere with judicial duties, reflect adversely on impartiality, or exploit the judicial position. It emphasized Canon 3’s precedence for judicial duties and Canon 5C’s limits on financial and business dealings.

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 answer depend on whether the judge was paid?

A: No. The Commission allowed the listed officiating activities with or without remuneration, subject to the stated Canon limits.

Q: What limits did the Commission identify?

A: The work could not interfere with judicial duties, reflect adversely on impartiality, or exploit judicial position; judicial duties had to take precedence.

Background and rules framework

The opinion quotes Canon 3 on the precedence of judicial duties and Canon 5C on financial or business dealings that affect impartiality, duties, or use of judicial position.

Citations and references

Alabama Canons of Judicial Ethics:

• Canon 3
• Canon 5C

See also

• AL Judicial Ethics Op. 80-80: Regional Alcohol Council Chair
• AL Judicial Ethics Op. 81-120: Part-Time Distributorship

Source

• Landing page: Alabama JIC advisory opinions
• Original PDF: Advisory Opinion 80-79
• Canon history: Alabama JIC, Canons of Judicial Ethics

Original opinion text

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

80-79
80-80
Judicial Inquiry Commission
800 SOUTH MCDONOUGH STREET
SUITE 201
MONTGOMERY, ALABAMA 36104
June 4, 1980
The Judicial Inquiry Commission has considered your request for an opinion concerning the following questions: I. Is it a violation of any Canon of Judicial Ethics for any District Judge to referee or umpire: (a) basketball games (b) football games (c) softball games in the county in which he presides, or within the State? And to be remunerated for such activities? II. Is it a violation of any Canon of Judicial Ethics for any District Judge to be Chairman of the Board of Directors of the Regional Council on Alcohol? 80-79 In response to your first question, it is the opinion of the Commission that a District Judge may serve as a referee or umpire in the listed sports activities with or without remuneration as long as the judge may do so without violating Canon 3 or 5 C of the Alabama Canons of Judicial Ethics. Canon 3 provides that “The judicial activities of a judge take precedence over his other activities.” Canon 5 C provides that “A judge should refrain from any financial or business dealings that tend to reflect adversely on his impartiality, interfere with the proper performance of his judicial duties or exploit his judicial position.” Thus, as long as the judge’s serving as referee or umpire does not interfere in any way in the performance of his judicial duties, reflect on his impartiality or exploit his judicial position, he may serve in any of these positions. However, a judge serving in these capacities should be extremely careful that these activities do not in any way take precedence over his judicial duties. 80-80 Your second question is governed by Canon 5 B. Under that Canon a judge may serve as an officer of any educational, ... charitable ...or civic organization subject to the limitations provided as long as such service does not reflect adversely on his impartiality or interfere with the performance of his judicial duties.