May a part-time municipal judge share an office, secretary, and telephone with the city’s part-time prosecutor?
Apply this to your situation
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.
Plain-English summary
The Commission considered a proposed private arrangement in which a part-time municipal judge and the same city’s part-time prosecutor would share office space, a secretary, and a telephone.
It said the financial-activities limits in Canon 5C apply to part-time judges. Citing Canons 5C(1), 5C(3), and 3C(l), the Commission concluded the proposed arrangement was prohibited and would disqualify the judge from cases prosecuted by the attorney sharing the office.
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 allow the proposed shared office?
A: No. It prohibited sharing office space, secretary, and telephone in the described private arrangement.
Q: What effect did it identify for prosecutions by the office-sharing attorney?
A: The Commission said the judge would be disqualified in all cases prosecuted by that attorney.
Background and rules framework
The opinion quotes Canons 5C(1) and 5C(3) on financial dealings and minimizing disqualification, then applies them with Canon 3C(l) to the office-sharing arrangement.
Citations and references
Alabama Canons of Judicial Ethics:
- Canon 5C(1)
- Canon 5C(3)
- Canon 3C(l)
See also
Source
- Landing page: Alabama JIC advisory opinions
- Original PDF: Advisory Opinion 83-194
- Canon history: Alabama JIC, Canons of Judicial Ethics
Original opinion text
Reproduced from the official source for research purposes. The linked source is authoritative.
83-194
Judicial Inquiry Commission
800 SOUTH MCDONOUGH STREET
SUITE 201
MONTGOMERY, ALABAMA 36104
November 1, 1983
The Judicial Inquiry Commission has considered your request for an opinion concerning whether a part-time municipal court judge may share office space with the part-time prosecutor for the same city. Under the Alabama Canons of Judicial Ethics, part-time judges are not precluded from a compliance with Canon 5C concerning financial activities. Specifically concerned here are subsection (1) and (3) of Canon 5C. Those subsections provide: (1) A judge should refrain from financial and business dealings that tend to reflect adversely on his impartiality, interfere with the proper performance of his judicial duties, or exploit his judicial position. (3) A judge should manage his investments and other financial interests to minimize the number of cases in which he is disqualified. Based upon these provisions, it is the opinion of the Commission that a part-time municipal judge is prohibited from sharing office space, secretary and telephone with a part-time prosecutor in their private capacity. Such a financial arrangement would reflect adversely on his impartiality under Canon 5C(3) and 3C(l), and cause his disqualification in all cases prosecuted by the attorney, who shares office space with the judge. Yours very truly, JUDICIAL INQUIRY COMMISSION
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