Could a judge serve on a criminal justice reform commission formed by a political action group?

Short answer The Commission permitted service on the described panel under Canons 5G and 7A(3), which addressed improvement of law, the legal system, and administration of justice.
Bar
JUDICIAL-AL
Issued
March 30, 1981

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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.

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 Not binding precedent.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 asked about a Criminal Justice Commission formed by a political action group to study Alabama’s criminal justice system and suggest solutions. The proposed members included public officials involved in that system.

The Commission concluded that the judge could serve. It cited Canon 5G’s allowance for positions concerned with improving law, the legal system, or administration of justice and Canon 7A(3)’s allowance for political activity supporting such measures.

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: Did the political action group’s involvement bar the service described?

A: No. The Commission permitted service on the described panel under Canons 5G and 7A(3).

Q: What work was the panel to do?

A: It was to examine the criminal justice system and develop suggested solutions to identified problems.

Background and rules framework

The opinion applies Canon 5G on law-improvement positions and Canon 7A(3) on related political activity.

Citations and references

Alabama Canons of Judicial Ethics:

  • Canon 5G
  • Canon 7A(3)

See also

Source

Original opinion text

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

81-111
Judicial Inquiry Commission
800 SOUTH MCDONOUGH STREET
SUITE 201
MONTGOMERY, ALABAMA 36104
March 30, 1981
The Judicial Inquiry Commission has considered your request for an opinion concerning whether under the Alabama Canons of Judicial Ethics a judge may serve as a member of a Criminal Justice Commission formed by a political action group. The purpose of the Commission is “to work for the safety, peace and tranquility” of the residents of Alabama by examining the state’s criminal justice system and developing suggested solutions to problems which might be found to exist within that system. The members of the Criminal Justice Commission are to be state and local public officials involved in the various stages of the Criminal Justice Commission. Under Canon 5G of the Alabama Canons of Judicial Ethics, a judge may accept appointments to positions concerned with the improvement of the law, the legal system or the administration of justice. Also under Canon 7A(3) regarding political activities of judges, it is provided that: “A judge may engage in political activity on behalf of measures to improve the law, the legal system or the administration of justice.” Thus, it is the opinion of the Judicial Inquiry Commission that the judge may serve on the panel in question. Sincerely, JUDICIAL INQUIRY COMMISSION

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