Ezel / Ethics Opinions / JUDICIAL-AL

May a judge give a cocktail lounge owner a photograph of the judge for public display at the business?

Short answer No. The Commission said the judge should not provide the photograph for public display on the business premises under Canon 2.
Bar
JUDICIAL-AL
Issued
November 17, 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 Not binding precedent.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

A judge proposed giving a photograph to a cocktail lounge owner for prominent display at the business. The Commission said Canon 2 governed the request.

It quoted Canon 2’s direction to avoid the appearance of impropriety and its prohibition on lending judicial prestige to another’s private interests or suggesting special influence. The Commission concluded that the judge should not provide the photograph for display.

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 display did the request describe?

A: A prominent photograph of the judge at a bar or cocktail lounge.

Q: What did the Commission conclude?

A: It said the judge should not provide the photograph for public display on the business premises.

Background and rules framework

The opinion applies Canon 2’s appearance-of-impropriety and judicial-prestige provisions to the proposed business display.

Citations and references

Alabama Canons of Judicial Ethics:

  • Canon 2

See also

Source

Original opinion text

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

80-92
Judicial Inquiry Commission
800 SOUTH MCDONOUGH STREET
SUITE 201
MONTGOMERY, ALABAMA 36104
November 17, 1980
The Judicial Inquiry Commission has considered your request for an opinion concerning the propriety of a judge providing the owner of a business with a photograph of the judge to be displayed in a prominent place in the physical facility in which the business in question is conducted. The business in question is a bar or cocktail lounge. Under the facts presented, the conduct in question is governed by Canon 2 of the Alabama Canons of Judicial Ethics. Canon 2 provides that: “A judge should avoid impropriety and the appearance of impropriety in all his activities.” More specifically, Canon 2 provides further that: “ ... [A judge] should not lend the prestige of his office to advance the private interests of others; nor should he convey or permit others to convey the impression that they are in a special position to influence him.” It is the opinion of the Commission that a judge should not provide the owner of a business with a photograph for public display on the business premises. Sincerely, JUDICIAL INQUIRY COMMISSION

What do the rules say today, for your facts?

This opinion is from 1980. Ezel checks the current rules of professional conduct in your state against your situation and cites the rules it relies on.

Opens in Ezel Pro.

  • Checks the law as it stands today, not only this page
  • Cites every source it relies on, so you can verify it
  • Chat, drafting and research in one workspace