Do the Alabama Judicial Canons restrict employment of an inactive retired circuit judge?

Plain-English summary

The Commission considered employment or appointment of an inactive retired circuit judge. It quoted the Alabama Supreme Court’s compliance provision exempting retired judges who were not serving on specified courts in active duty status from the Judicial Canons.

It therefore said those Canons did not restrict the judge’s employment or appointment. The Commission expressly declined to address possible restrictions under other rules, the Ethics Law, or the Alabama Constitution, calling the opinion’s protection limited.

Currency note

This opinion was issued in 1983, 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 find a restriction under the Judicial Canons?

A: No, for a retired judge not serving in the active duty status described in the quoted provision.

Q: Did the opinion clear the employment under all Alabama law?

A: No. The Commission said it lacked authority to address other rules, laws, or constitutional restrictions.

Background and rules framework

The opinion applies “Compliance with the Canons of Judicial Ethics, Section D(1),” as quoted in the official letter, and confines its answer to the Judicial Canons.

Citations and references

Alabama Canons of Judicial Ethics:

• Compliance with the Canons of Judicial Ethics, Section D(1)

See also

• AL Judicial Ethics Op. 83-196: Commission Authority

Source

• Landing page: Alabama JIC advisory opinions
• Original PDF: Advisory Opinion 83-173
• Canon history: Alabama JIC, Canons of Judicial Ethics

Original opinion text

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

83-173
Judicial Inquiry Commission
800 SOUTH MCDONOUGH STREET
SUITE 201
MONTGOMERY, ALABAMA 36104
March 2, 1983
The Judicial Inquiry Commission has considered your request for an opinion concerning whether the Canons of Judicial Ethics provide any restrictions upon the employment or appointment of an inactive retired circuit judge. As you are aware, the Supreme Court of Alabama has provided as follows: “Retired and supernumerary ... judges, who are not serving on the Supreme Court or on any circuit court or district court in the state, in an active duty status, shall not be required to comply with any of these Canons.” Compliance with the Canons of Judicial Ethics, Section D (1). Therefore, it is the opinion of the Commission that the Canons of Judicial Ethics do not restrict the employment or appointment of an inactive retired circuit judge. However, this Commission has no authority to give an opinion as to any such restrictions which might be imposed by other rules, laws (including the Ethics Law) or the Constitution of this State. Therefore, the opinion of the Commission in this instance is of very limited protection. Very truly yours, JUDICIAL INQUIRY COMMISSION