May a judge belong to the League of Women Voters when it takes positions on public issues?

Short answer The Commission said Canon 7 discouraged but did not prohibit political-organization membership and cautioned that Canon 5 concerns could arise if the League frequently took positions on issues before the judge.
Bar
JUDICIAL-AL
Issued
August 1, 1983

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This page answers the general question as of 1983. 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 Not binding precedent.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 judge asked about joining the League of Women Voters, described as neutral among political candidates but sometimes taking positions on national issues.

The Commission said Canon 7 discouraged, but did not prohibit, membership in political organizations. It also quoted Canon 5’s direction to regulate outside activities to minimize conflicts with judicial duties. It identified a potential conflict if the League frequently took public positions on issues coming before the judge.

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 categorically prohibit membership?

A: No. It said Canon 7 discouraged, but did not prohibit, membership in such organizations.

Q: What possible conflict did the Commission identify?

A: A conflict could arise if the League frequently took public stands on issues before the judge.

Background and rules framework

The opinion discusses Canon 7 on political organizations and quotes Canon 5 on minimizing conflicts between outside activities and judicial duties.

Citations and references

Alabama Canons of Judicial Ethics:

  • Canon 7
  • Canon 5

See also

Source

Original opinion text

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

83-192
Judicial Inquiry Commission
800 SOUTH MCDONOUGH STREET
SUITE 201
MONTGOMERY, ALABAMA 36104
August 1, 1983
The Judicial Inquiry Commission has considered your request for an opinion concerning whether, under the Alabama Canons of Judicial Ethics, a judge may serve as a member of the League of Women Voters. You state that the organization is impartial as to political candidates but does from time to time take stands on certain national issues. A judge’s membership in a political organization is governed by Canon 7 of the Alabama Canons of Judicial Ethics. That Canon explicitly discourages but does not prohibit membership in such organizations. In this instance, a judge also should be ever mindful of Canon 5 which provides: “A judge should regulate his extra-judicial activities to minimize the risk of conflict with his judicial duties.” Such a conflict could arise if the organization of which a judge is a member, i.e., the League of Women Voters, frequently takes a public stand on issues coming before the judge in the judge’s judicial capacity. Yours very truly, JUDICIAL INQUIRY COMMISSION

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