Under Opinion 82-160, which jurors could receive a judge’s personally funded commendation letter?

Short answer The Commission permitted a judge to pay for commendatory letters but limited them to jurors who participated in a proceeding before that judge; the official PDF marks the opinion overruled in part by Opinion 93-482.
Bar
JUDICIAL-AL
Issued
August 27, 1982

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This page answers the general question as of 1982. 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 Not binding precedent.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 Commission clarified Opinion 82-126 after judges asked whether a circuit judge could send commendatory letters to jurors at personal expense.

It allowed personally funded letters that did not conflict with Opinion 82-126, but under Canon 1 limited recipients to jurors who participated in a proceeding before the sending judge, such as jury qualification, jury striking, or trial. The official PDF is marked “[Overruled in part by 93-482].” The 1993 opinion lists 82-160 among earlier opinions overruled to the extent they conflict with its state-resource analysis.

Currency note

The official PDF is marked “[Overruled in part by 93-482].” Opinion 93-482, issued June 25, 1993, lists 82-160 among earlier opinions overruled to the extent of conflict with its state-resource analysis. Opinion 08-894, issued September 12, 2008, later adopted guidelines for appreciation letters and permitted court resources within those limits. This 1982 opinion followed the Alabama Supreme Court’s 1975 adoption of the Alabama Canons of Judicial Ethics; read its original answer as historical context alongside the later opinions.

Common questions

Q: Could the judge pay for the letters personally?

A: Yes. That was the specific arrangement addressed in this opinion.

Q: Could the judge send them to all venire members?

A: The Commission limited these personally funded letters to jurors who participated in a proceeding before the sending judge.

Background and rules framework

The opinion clarifies Opinion 82-126 and applies Canon 1’s judicial-integrity standard to commendatory letters.

Citations and references

Alabama Canons of Judicial Ethics:

  • Canon 1

Other opinions cited:

  • Alabama JIC Opinion 82-126, earlier juror-letter restrictions

See also

Source

Original opinion text

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

82-160
[Overruled in part by 93-482]
Judicial Inquiry Commission
800 SOUTH MCDONOUGH STREET
SUITE 201
MONTGOMERY, ALABAMA 36104
August 27, 1982
Clarification of 82-126
The Judicial Inquiry Commission has considered requests from various judges for a clarification of Advisory Opinion 82-126. Specifically, the clarification requested is whether a Circuit Judge may send commendatory letters to jurors at his own expense as long as he is not in conflict with Advisory Opinion 82-126. It is the opinion of the Commission that a Circuit Judge may send commendatory letters to jurors at his own expense so long as his action does not conflict with Advisory Opinion 82-126. However, a judge should be ever mindful of the high standards set out in Canon 1 of the Alabama Canons of Judicial Ethics. Under this Canon, in order to protect the integrity of the judiciary, such letters should be sent only to those jurors who participated in a proceeding over which the judge sending the letters presided; i.e., qualifying or striking a jury or a jury trial. Very truly yours, JUDICIAL INQUIRY COMMISSION

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