Did the modified Opinion 81-124 require a municipal judge to resign before seeking elective nonjudicial office?
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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.
Plain-English summary
The Commission’s May 28, 1982 letter modified an opinion originally rendered November 2, 1981. It said the earlier answer conflicted with Advisory Opinion 47 from 1978. The official PDF contains this modifying letter.
The Commission explained that, although Canon 7 appeared to require a municipal judge to resign to seek elective nonjudicial office, Sections 6.065 and 6.08 of Amendment 328 to the Alabama Constitution controlled. It modified Opinion 124 to agree with Opinion 47: neither the Constitution nor the Canons required a municipal judge to resign before seeking that office.
Currency note
The official PDF is a modification dated May 28, 1982 of an opinion rendered November 2, 1981. It prints the modifying letter rather than the original letter. This historical conclusion should be read with the current Alabama Canons of Judicial Ethics and current constitutional text.
Common questions
Q: What earlier opinion prompted the modification?
A: Advisory Opinion 47, which the Commission said had reached the controlling constitutional conclusion in 1978.
Q: What date does the PDF assign to the original Opinion 124?
A: It says the original was rendered November 2, 1981; the modifying letter is dated May 28, 1982.
Background and rules framework
The modifying letter discusses Canon 7 and Sections 6.065 and 6.08 of Amendment 328 to the Alabama Constitution, and expressly aligns Opinion 124 with Advisory Opinion 47.
Citations and references
Alabama Canons of Judicial Ethics:
- Canon 7
Constitutional or statutory provisions:
- Section 6.065 of Amendment 328
- Section 6.08 of Amendment 328
Other opinions cited:
- Advisory Opinion 47
See also
Source
- Landing page: Alabama JIC advisory opinions
- Original PDF: Advisory Opinion 81-124
- Canon history: Alabama JIC, Canons of Judicial Ethics
Original opinion text
Reproduced from the official source for research purposes. The linked source is authoritative.
81-124
[Modifying November 2, 1981 advisory opinion]
Judicial Inquiry Commission
800 SOUTH MCDONOUGH STREET
SUITE 201
MONTGOMERY, ALABAMA 36104
May 28, 1982
It has come to the attention of the Commission that our Advisory Opinion 124, which was rendered to you on November 2, 1981, is inconsistent with a prior Advisory Opinion of the Commission, 47. The earlier Advisory Opinion, rendered in 1978, holds that: “While it appears under Canon 7 of the Alabama Canons of Judicial Ethics that a municipal court judge would have to resign his judicial office to seek an elective non-judicial office, we find the constitutional provisions [Section 6.065 and Section 6.08 of Amendment 328, Constitution of Alabama, 1901] to be controlling in this instance.” Thus, the conclusion reached by the Commission in 1978 was that Section 6.065 of Amendment 328 exempted municipal court judges from the Section 6.08 prohibition against running for election to a non-judicial office, the constitutional provisions are controlling and neither the Constitution of Alabama nor the Canons of Judicial Ethics require a municipal court judge to resign his judicial position prior to seeking election to a non-judicial office. Our Advisory Opinion 124 is thus modified to be consistent with our prior Advisory Opinion, 47. Very truly yours,
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