Could members of a part-time municipal judge’s firm handle state-court cases investigated by municipal police, and what did the Commission say about the judge?
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.
Plain-English summary
The request asked whether members of a part-time municipal judge’s law firm could handle state district or circuit court cases investigated and presented by municipal police. The Commission answered as to the judge and declined to advise the other lawyers.
The Commission said the Canons did not prohibit the judge from serving as counsel in such state court cases if the matters had not previously been presented before that judge in municipal court. It said it lacked jurisdiction to advise other firm attorneys because they were outside the Canons’ coverage.
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: Was municipal police involvement itself disqualifying?
A: No. The Commission allowed the described state-court representation despite that involvement, subject to the prior-municipal-court limitation.
Q: Did the Commission approve the other firm lawyers’ work?
A: No. It said it lacked jurisdiction to decide their professional conduct under the judicial Canons.
Background and rules framework
The opinion applies the Alabama Canons of Judicial Ethics to the part-time municipal judge and expressly limits its authority over other lawyers.
See also
Source
- Landing page: Alabama JIC advisory opinions
- Original PDF: Advisory Opinion 81-98
- Canon history: Alabama JIC, Canons of Judicial Ethics
Original opinion text
Reproduced from the official source for research purposes. The linked source is authoritative.
81-98
Judicial Inquiry Commission
800 SOUTH MCDONOUGH STREET
SUITE 201
MONTGOMERY, ALABAMA 36104
March 2, 1981
The Judicial Inquiry Commission has considered your request for an opinion concerning whether the members of a law firm with which a part-time municipal judge, who is actively engaged in the practice of law, is associated, may ethically serve as counsel in cases in state district and circuit courts where such cases do not in any way involve the municipal court. You further state that the cases in question are investigated and presented by the police department of the municipality. It is the opinion of the Commission that the Canons of Judicial Ethics do not prohibit a part-time municipal court judge from serving as counsel in proceedings before state district and circuit courts even though the proceedings involve matters investigated and presented by municipal police officers. Such proceedings must however in no way involve matters previously presented before the part-time municipal court judge. The Commission further notes that it is without jurisdiction to advise the remaining members of the municipal judge’s law firm as to whether similar legal representation by them would constitute unethical conduct, since those attorneys are not covered by the Canons of Judicial Ethics. Sincerely, JUDICIAL INQUIRY COMMISSION
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