Did Opinion 80-81 decide whether a part-time municipal judge could also serve on the same city’s council?
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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
The requester asked whether a part-time appointed municipal judge could also serve as an elected council member in the same municipality. The Commission recalled its earlier Opinion 78-47, which it said exempted part-time municipal judges from Alabama Constitution Amendment 328, § 6.08(b).
It said the new request also raised issues outside its authority to interpret the judicial Canons. It suggested asking the Attorney General and Alabama Ethics Commission about those issues to assure compliance with Canon 2. The letter did not give a final yes or no on holding both offices.
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 authorize both city roles in this letter?
A: No. It repeated an earlier constitutional conclusion but left the other issues outside its Canon jurisdiction.
Q: Where did the Commission direct the remaining questions?
A: To the Alabama Attorney General and Alabama Ethics Commission.
Q: What Canon did it identify?
A: Canon 2, in connection with assuring compliance while other authorities addressed the separate issues.
Background and rules framework
The letter refers to Canon 2, Opinion 78-47, and Alabama Constitution Amendment 328, § 6.08(b). It limits the Commission’s own authority to interpreting the Canons.
Citations and references
Alabama Canons of Judicial Ethics:
- Canon 2
Other opinions cited:
- Alabama JIC Opinion 78-47, described as exempting part-time municipal judges from the cited constitutional section.
Other authority:
- Ala. Const. 1901, amend. 328, § 6.08(b), referenced in the request and earlier opinion.
See also
Source
- Landing page: Alabama JIC advisory opinions
- Original PDF: Advisory Opinion 80-81
- Canon history: Alabama JIC, Canons of Judicial Ethics
Original opinion text
Reproduced from the official source for research purposes. The linked source is authoritative.
80-81
Judicial Inquiry Commission
800 SOUTH MCDONOUGH STREET
SUITE 201
MONTGOMERY, ALABAMA 36104
June 9, 1980
The Judicial Inquiry Commission has considered your request for an opinion in which you ask the following question: “In view of the (the Commission’s) opinion rendered in synopsis 78-47 and in view of the Constitutional provision therein cited, may a part-time Municipal Judge serve concurrently as appointed Municipal Judge and elected Councilman of the same municipality?” The Commission has already decided in advisory opinion 78-47 that part-time Municipal Judges are exempt from Section 6.08(b) of Amendment 328 of the Constitution of Alabama, 1901. The Commission considers your request to include questions beyond the scope of the Canons of Judicial Ethics. Since the Commission’s authority extends only to the interpretation of the Canons, you may wish to contact the Attorney General of Alabama and the Alabama Ethics Commission for their advice on the other issues raised by your question to assure your compliance with Canon 2.
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