May a judge be paid to manage investments for a medical professional association?

Plain-English summary

A judge proposed paid investment management for a professional association of physicians. The request said the role would not interfere with judicial duties, exploit judicial office, create impartiality concerns, or involve legal advice to members.

The Commission quoted Canon 5C on business dealings, remunerative activity, and minimizing disqualifications. It said the judge could hold and manage the association’s investments if every part of Canon 5C was met. It declined to predict whether running that business might later create facts that conflicted with the Canon.

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 opinion permit this paid activity unconditionally?

A: No. It conditioned the answer on compliance with all provisions of Canon 5C.

Q: Could the Commission rule out future conflicts?

A: No. It said it could not predict whether later facts from operating the business would conflict with Canon 5C.

Background and rules framework

The opinion quotes Canon 5C(1) on impartiality, judicial duties and exploitation of position; Canon 5C(2) on investments and remunerative activity; and Canon 5C(3) on minimizing case disqualifications.

Citations and references

Alabama Canons of Judicial Ethics:

• Canon 5C
• Canon 5C(1)
• Canon 5C(2)
• Canon 5C(3)

See also

• AL Judicial Ethics Op. 81-107: Real Estate Investment Corporation
• AL Judicial Ethics Op. 81-120: Part-Time Distributorship

Source

• Landing page: Alabama JIC advisory opinions
• Original PDF: Advisory Opinion 80-93
• Canon history: Alabama JIC, Canons of Judicial Ethics

Original opinion text

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

80-93
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 whether under the Alabama Canons of Judicial Ethics a judge may for remuneration manage the investments of a professional association of medical doctors. You state in your opinion request that the professional association will not in any way interfere with the proper performance of the judge’s judicial duties nor exploit his judicial duties. You further state the members of the association do not come before the judge’s court and that thus the judge’s employment would not reflect on his impartiality. The position in question would also not involve the judge’s giving legal advice to the association or its members. As you are aware, the financial activities of judges are governed by Canon 5C of the Alabama Canons of Judicial Ethics. The pertinent portion of Canon 5C is as follows: “(1) A judge should refrain from financial and business dealings that tend to reflect adversely on his impartiality, interfere with the proper performance of his judicial duties, or exploit his judicial position. (2) Subject to the requirements of subsection (1), a judge may hold and manage investments, including real estate, and engage in other remunerative activity including the operation of a business. (3) A judge should manage his investments and other financial interests to minimize the number of cases in which he is disqualified.” Based on these provisions, it is the opinion of the Commission that a judge may hold and manage investments for a professional association so long as he complies in all respects with all the provisions of Canon 5C, especially those cited above. However, if a judge undertakes the operation of such a business, the Commission cannot predict whether factual circumstances might arise which would place the judge in conflict with this Canon. Sincerely, JUDICIAL INQUIRY COMMISSION