Ezel / Ethics Opinions / JUDICIAL-AL

Could a judge join the American Arbitration Association and act as an arbitrator or mediator?

Short answer The Commission permitted membership on the assumption that the association was a professional organization, but said the judge could not act as an arbitrator or mediator in any case.
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JUDICIAL-AL
Issued
June 10, 1981
Source
View Original PDF

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.

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 Not binding precedent.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 membership in the American Arbitration Association. The Commission said it had not received an enclosure mentioned in the request, and assumed the association was a professional organization.

Under Canons 5G and 5E, the Commission allowed membership on that assumption. It separately said a judge who joined could still not serve as an arbitrator or mediator in any case.

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 assumption supported the membership answer?

A: The Commission assumed the association was a professional organization because the indicated enclosure had not arrived.

Q: Did membership permit the judge to arbitrate cases?

A: No. The Commission expressly said the judge remained precluded from acting as arbitrator or mediator in any case.

Background and rules framework

The opinion identifies Canons 5G and 5E and distinguishes professional-organization membership from serving as an arbitrator or mediator.

Citations and references

Alabama Canons of Judicial Ethics:

  • Canon 5G
  • Canon 5E

See also

Source

Original opinion text

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

81-117
Judicial Inquiry Commission
800 SOUTH MCDONOUGH STREET
SUITE 201
MONTGOMERY, ALABAMA 36104
June 10, 1981
The Judicial Inquiry Commission has considered your request for an opinion concerning whether a judge may become a member of the American Arbitration Association. While the Commission did not receive the enclosure indicated in your request, the Commission renders this opinion based upon the assumption that the American Arbitration Association is a professional organization. It is the opinion of the Commission that under Canon 5G of the Alabama Canons of Judicial Ethics and Canon 5E it is permissible for a judge to become a member of the American Arbitration Association; however, if he becomes a member, a judge would still be precluded from acting as an arbitrator or mediator in any case. Sincerely, JUDICIAL INQUIRY COMMISSION

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