Could a judge run a part-time distributorship and sponsor other distributors?

Plain-English summary

A judge asked generally about owning and operating a part-time distributorship and sponsoring other people who distributed the product line.

The Commission said a judge could operate a business when doing so did not conflict with Canon 5C. It quoted that canon’s limits on impartiality, judicial duties, use of judicial position and information, and disqualification. Because the request was general, it said a particular violation could be assessed only on specific facts.

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 Commission approve this distributorship on all facts?

A: No. It gave a general answer conditioned on Canon 5C and reserved particular cases for their facts.

Q: What business conduct did Canon 5C address?

A: The cited provisions address impartiality, judicial duties, exploiting position, disqualification, and use of information gained as a judge.

Background and rules framework

The opinion quotes Canon 5C’s provisions on financial activities, operating a business, minimizing disqualification, and using information gained in judicial service.

Citations and references

Alabama Canons of Judicial Ethics:

• Canon 5C

See also

• AL Judicial Ethics Op. 82-129: Probate Judge’s Private CPA Practice

Source

• Landing page: Alabama JIC advisory opinions
• Original PDF: Advisory Opinion 81-120
• Canon history: Alabama JIC, Canons of Judicial Ethics

Original opinion text

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

81-120
Judicial Inquiry Commission
800 SOUTH MCDONOUGH STREET
SUITE 201
MONTGOMERY, ALABAMA 36104
August 31, 1981
The Judicial Inquiry Commission has considered your request for an opinion concerning whether a judge may own and operate, on a part-time basis, a business that is a direct distributorship of a national-known product line, as well as sponsor other persons who distribute that same product line. Your question is a very general one, and thus can be answered only in very general terms. It is the opinion of the Commission that a judge may own and operate a business where such ownership or operation does not conflict with the provisions of Canon 5C. A judge’s financial activities are governed by Canon 5C. That Canon provides that: “(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.
. . .
(6) Information acquired by a judge in his judicial capacity should not be used or disclosed by him in financial dealings or for any purpose not related to his judicial duties.” Whether the ownership or operation of a business by a judge is violative of any of these provisions can be answered only with regard to specific factual circumstances which may arise. Very truly yours,