May a judge allow a campaign ad to identify the judge as supporting a candidate for judicial office?

Plain-English summary

Circuit and district judges asked whether they could be identified as judges in newspaper or other media ads supporting an Alabama Supreme Court candidate or another judicial candidate.

The Commission said Canon 7A(l)’s discouragement of campaign work for nonjudicial candidates did not extend to the judicial-candidate ads described. It allowed the use of the judge’s name and title, while reminding judges to observe Canons 1 and 2 and avoid activity inappropriate to judicial office.

Currency note

This opinion was issued in 1982, 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 answer apply only to Supreme Court candidates?

A: No. The Commission also included candidates for any other judicial office.

Q: What did the Commission say about other Canon limits?

A: It reminded judges to observe Canons 1 and 2 and refrain from activity inappropriate to judicial office.

Background and rules framework

The opinion interprets Canon 7A(l)’s distinction between judicial and nonjudicial candidates and refers to Canons 1 and 2.

Citations and references

Alabama Canons of Judicial Ethics:

• Canon 7A(l)
• Canon 1
• Canon 2

See also

• AL Judicial Ethics Op. 82-165: Political Dinner

Source

• Landing page: Alabama JIC advisory opinions
• Original PDF: Advisory Opinion 82-162
• Canon history: Alabama JIC, Canons of Judicial Ethics

Original opinion text

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

82-162
Judicial Inquiry Commission
800 SOUTH MCDONOUGH STREET
SUITE 201
MONTGOMERY, ALABAMA 36104
September 20, 1982
Circuit Judges:
The Judicial Inquiry Commission has considered your request for an opinion concerning the following questions: “Would it violate the Canons of Judicial Ethics for circuit and district judges to allow their names to be used as judges in newspaper advertisements or in other media in support of a candidate for the Supreme Court of Alabama?” “Would it violate the Canons of Judicial Ethics for circuit and district judges to allow their names to be used as judges in newspaper advertisements or in other media in support of candidates for any judicial office?” It is the opinion of the Commission that any judge of this State may engage in campaign activities in connection with a candidate for judicial office by allowing the judge’s name to be used as judge in newspaper advertisements or in other media in support of a candidate for the Alabama Supreme Court or in support of any other candidate for judicial office. This opinion is based upon Canon 7A(l) of the Alabama Canons of Judicial Ethics. That canon provides that: “... It is desirable that a judge or a candidate for election to judicial office endeavor not to be involved in the internal workings of political organizations, engage in campaign activities in connection with a political candidate other than candidates for judicial offices and not be involved in political fund solicitation other than for himself ...” (Emphasis added.) It is clear from this provision that the admonishments of Canon 7 do not discourage participation by a judge in campaign activities such as those in question here in connection with a candidate for judicial office. However, judges should be ever mindful of Canons 1 and 2 and refrain from any activity inappropriate to his/her judicial office. Very truly yours, JUDICIAL INQUIRY COMMISSION