Ezel / Ethics Opinions / JUDICIAL-AL

Could a district judge called for jury duty receive the same expense allowance as other jurors?

Short answer The Commission said the Canons did not prohibit a district judge serving as a citizen juror from receiving the same expense allowance as other citizens.
Bar
JUDICIAL-AL
Issued
September 28, 1981
Source
View Original PDF

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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 Not binding precedent.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

The request asked whether a district judge serving on a jury could receive the same daily and mileage allowance paid to other jurors. The request referred to $10 per day and five cents per mile.

The Commission noted an earlier Attorney General ruling treating the compensation under Section 12-19-210 as a travel and expense allowance, and the repeal of Section 12-16-2 concerning judges’ exemption from jury duty. It concluded the Canons did not prohibit the judge, when called as a citizen, from receiving the same expense allowance as other citizens.

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 say the Canons barred the allowance?

A: No. It said a district judge called as a citizen juror could receive the same expense allowance as other citizens.

Q: What did it say the Attorney General had ruled?

A: That the compensation under Section 12-19-210 was a travel and expense allowance for persons called to jury duty.

Background and rules framework

The opinion discusses Sections 12-19-210 and 12-16-2 of the Alabama Code and an earlier Attorney General ruling. It does not cite a numbered canon.

Citations and references

Statutes:

  • Section 12-19-210 Code of Alabama 1975
  • Section 12-16-2

See also

Source

Original opinion text

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

81-121
Judicial Inquiry Commission
800 SOUTH MCDONOUGH STREET
SUITE 201
MONTGOMERY, ALABAMA 36104
September 28, 1981
The Judicial Inquiry Commission has received and considered your request for an opinion concerning whether a District Court Judge, who serves on jury duty, is entitled to receive the $10 per day and 5 cents per mile to which other jurors are entitled. The Attorney General has previously ruled that the juror compensation allowed under Section 12-19-210 Code of Alabama 1975, constitutes a travel and expense allowance owed to persons called for jury duty, and, through the repeal of Section 12-16-2, judges are no longer exempt from jury duty. Such being the case, it is the opinion of the Commission that the Alabama Canons of Judicial Ethics do not prohibit a District Court Judge, called as a citizen to serve on jury duty, from receiving the same expense allowance as all other citizens. Very truly yours,

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