May a judge buy court printing supplies from the judge’s spouse?

Short answer The Commission said the Canons did not specifically address the purchase, but a possible violation of Alabama’s Ethics Law would also violate Canon 2A; it referred the statutory question to the Ethics Commission.
Bar
JUDICIAL-AL
Issued
September 17, 1984

Apply this to your situation

This page answers the general question as of 1984. 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 Not binding precedent.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

A judge asked whether office stationery and forms could be purchased from a spouse who distributed products for a national printing company.

The Commission said the Canons did not specifically address that purchase. It said the transaction might violate the Alabama Ethics Law and, if it did, would also violate Canon 2A’s requirement to obey law. The Commission said its authority was limited to the Canons and pointed to the Alabama Ethics Commission for an opinion on the statute.

Currency note

This opinion was issued in 1984, 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 definitively decide whether the purchase violated the Ethics Law?

A: No. It said that question was within the Alabama Ethics Commission’s opinion authority.

Q: What was its Canon 2A conclusion?

A: If the purchase violated Section 36-25-5, making it would also violate Canon 2A.

Background and rules framework

The opinion quotes Canon 2A and discusses Section 36-25-5 and Section 36-25-1 et seq. of the Code of Alabama. It makes no definitive finding under the Ethics Law.

Citations and references

Alabama Canons of Judicial Ethics:

  • Canon 2A

Statutes:

  • Section 36-25-5, Code of Alabama, 1975
  • Section 36-25-1 et seq., Code of Alabama, 1975

See also

Source

Original opinion text

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

84-224
Judicial Inquiry Commission
800 SOUTH MCDONOUGH STREET
SUITE 201
MONTGOMERY, ALABAMA 36104
September 17, 1984
The Judicial Inquiry Commission has considered your request for an opinion concerning whether under the Alabama Canons of Judicial Ethics a judge may purchase printing supplies, i.e., stationery, forms etc. from his spouse, who is a distributor for a national printing company. The Canons of Judicial Ethics do not specifically address a judge’s purchase of office supplies from his spouse or a member of his household. However, it appears that such a purchase may be prohibited under the Alabama Ethics Law. See §36-25-5, Code of Alabama, 1975. If such a purchase does violate §36-25-5, then making the purchase would also be a violation of Canon 2A which provides that: “A judge should respect and comply with the law and should conduct himself at all times in a manner that promotes public confidence in the integrity and impartiality of the judiciary.” We regret that we cannot answer your question more fully. However, the opinion authority of this Commission is restricted to the proper application of the Canons of Judicial Ethics. The Alabama Ethics Commission is authorized to render opinions concerning the proper application of the Alabama Ethics Law. §36-25-1, et seq., Code of Alabama, 1975. Therefore, to obtain a more complete answer to your question, you may wish to obtain an opinion from the Ethics Commission.

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