Did the substitute Opinion 81-105 prohibit a judge from selling jointly owned former-firm books and equipment to a public institution?
Apply this to your situation
This page answers the general question as of 1981. 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The Commission issued this substitute answer on April 29, 1981 because §36-10-8 had been repealed. The original answer in the shared March 1981 PDF had treated a county sale as prohibited under that former statute.
The substitute said the Commission knew of no state statute or Canon prohibiting the judge and former law partner from selling jointly owned law books or equipment to a state or county institution or agency. It directed attention to §13A-10-62 before such a sale and said the Canons did not bar selling the judge’s interest in the law books to the former partner.
Currency note
The official April 29, 1981 PDF labels this a substitute opinion and says §36-10-8 had been repealed. The shared March 1981 PDF expressly marks its earlier 81-105 answer withdrawn. Read the substitute answer as historical context and verify current statutes and the Alabama Canons of Judicial Ethics.
Common questions
Q: Why was this answer substituted?
A: The Commission said §36-10-8 had been repealed effective January 1, 1980.
Q: Did it identify a categorical bar to the described public-agency sale?
A: No. It said it was unaware of one, while specifically drawing attention to §13A-10-62.
Background and rules framework
The substitute addresses the effect of repealing §36-10-8 and refers to §13A-10-62. It cites the Canons generally without identifying a numbered canon.
Citations and references
Statutes:
- §36-10-8, Code of Alabama, 1975
- §13A-10-62, Code of Alabama, 1975
See also
Source
- Landing page: Alabama JIC advisory opinions
- Original PDF: Advisory Opinion 81-105
- Original shared letter, withdrawn 81-105 answer: AO81-104thru108.pdf
- Canon history: Alabama JIC, Canons of Judicial Ethics
Original opinion text
Reproduced from the official source for research purposes. The linked source is authoritative.
81-105
[Substitute Opinion]
Judicial Inquiry Commission
800 SOUTH MCDONOUGH STREET
SUITE 201
MONTGOMERY, ALABAMA 36104
April 29, 1981
Due to the fact that §36-10-8, Code of Alabama, 1975 was repealed effective January 1, 1980 by Acts 1977, No. 607, P. 812, §9901, as amended, the Commission has adopted the following amended advisory opinion, 81-105, as a substitute for your second question in your correspondence dated January 27, 1981. You stated that a judge and a lawyer own certain law firm assets, including law books, typewriters, furniture and equipment. You asked whether the judge and the lawyer would be prevented from selling any of these assets to the University of Alabama Law Center Library or to a county or state agency. Your further asked if it would be permissible for the judge to sell his interest in the law books to the lawyer, knowing that the lawyer either planned to sell or possibly could sell the law books to any of the above-stated agencies. In response to your questions, the Judicial Inquiry Commission is unaware of any state statutes or Canons of Judicial Ethics which would prohibit the sale of the jointly-owned books or equipment by the judge and the lawyer to any state or county institution or agency. However, prior to entering into such a sale, you should take note of §13A-10- 62, Code of Alabama, 1975. Also, the Canons do not prohibit the sale of law books to your former law partner. Sincerely, JUDICIAL INQUIRY COMMISSION
What do the rules say today, for your facts?
This opinion is from 1981. 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