Must a judge recuse when a school system’s lawsuit could affect the judge’s teacher daughter’s salary?

Plain-English summary

A school system sued over state funding proration. The presiding judge’s daughter taught for the system, and her salary would be affected by the case’s outcome.

The Commission said the judge should recuse. It applied Canon 3C(l) (d) (ii), which addressed a judge’s knowledge that a close relative had an interest that could be substantially affected by the proceeding.

Currency note

This opinion was issued in 1981, 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 financial interest mattered?

A: The teacher daughter’s salary, which the request said would be affected by the litigation.

Q: Did the Commission require recusal?

A: Yes. It said the daughter’s affected interest triggered the cited Canon 3C provision.

Background and rules framework

The opinion quotes Canon 3C’s provision on an interest of a person within the fourth degree of relationship that could be substantially affected by the proceeding.

Citations and references

Alabama Canons of Judicial Ethics:

• Canon 3C(l) (d) (ii)

See also

• AL Judicial Ethics Op. 82-133: Judge’s Daughter Employed by Litigant

Source

• Landing page: Alabama JIC advisory opinions
• Original PDF: Advisory Opinion 81-103
• Canon history: Alabama JIC, Canons of Judicial Ethics

Original opinion text

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

81-103
Judicial Inquiry Commission
800 SOUTH MCDONOUGH STREET
SUITE 201
MONTGOMERY, ALABAMA 36104
March 2, 1981
The Judicial Inquiry Commission has considered your request for an opinion concerning whether or not a Circuit Judge would be required to recuse himself in a certain proceeding. You state in your letter that the daughter of a Judge is employed as a teacher by a local school system. The local school system has filed a lawsuit for declaratory judgment in connection with certain orders of proration issued by the Governor of Alabama. You further state in your letter that the Judge’s daughter’s salary as a teacher would be affected by the outcome of the proceeding. Based upon the facts as you have stated them, it is the opinion of the Commission that the Judge should recuse himself in the case that you described. Recusal in this instance would be required under Canon 3C(l) (d) (ii). That Canon provides in pertinent part as follows: “(1) A Judge should disqualify himself in a proceeding in which his disqualification is required by law or his impartiality might reasonably be questioned, including but not limited to instances where: ... (d) He or his spouse, or a person within the fourth degree of relationship to either of them, or the spouse of such a person: ... (ii) Is known by the Judge to have an interest that could be substantially affected by the outcome of the proceeding;” Since proration of state appropriations for local education agencies would, under the issues of the lawsuit, affect the Judge’s daughter, the daughter “is known by the Judge to have an interest that could be substantially affected by the outcome of the proceeding.” Sincerely, JUDICIAL INQUIRY COMMISSION