May a district judge serve on a school superintendent’s community advisory council?

Plain-English summary

The superintendent appointed a community advisory council to provide input about Fayette County schools. The council had no legal status and served only an advisory role.

The Commission said the district judge could serve while doing so did not conflict with judicial duties. If the council considered matters ordinarily coming before the judge’s court, the judge had to cease council participation under Canons 5 and 3C(l), rather than face constant recusals.

Currency note

This opinion was issued in 1985, 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: Was council service permitted on the stated facts?

A: Yes, so long as the service did not conflict with performance of judicial duties.

Q: What if the council considered issues ordinarily before the judge’s court?

A: The Commission said the judge would have to cease participating on the council immediately.

Background and rules framework

The opinion applies Canon 5 on outside activities and Canon 3C(l) on disqualification when impartiality might reasonably be questioned.

Citations and references

Alabama Canons of Judicial Ethics:

• Canon 5
• Canon 3C(l)

See also

• AL Judicial Ethics Op. 85-237: State Fair Authority

Source

• Landing page: Alabama JIC advisory opinions
• Original PDF: Advisory Opinion 85-230
• Canon history: Alabama JIC, Canons of Judicial Ethics

Original opinion text

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

85-230
Judicial Inquiry Commission
800 SOUTH MCDONOUGH STREET
SUITE 201
MONTGOMERY, ALABAMA 36104
March 5, 1985
The Judicial Inquiry Commission has considered your request for an opinion concerning whether, under the Alabama Canons of Judicial Ethics, a district court judge may serve as a member of the Superintendent’s Advisory Council for the Fayette County Schools. The Advisory Council is a group of approximately 50 community leaders, parents of school children and others. The Superintendent of Education has appointed this group to advise her on school issues, likes and dislikes of the community and what these citizens see as the strong points and weak points of the school system. The Council serves as the Superintendent’s way of gaining input from the community served by the Fayette County School System. It has no legal status and is advisory only. The activity here in question is governed by Canon 5 and Canon 3C(l) of the Alabama Canons of Judicial Ethics. Canon 5 provides: “A Judge Should Regulate His Extra-Judicial Activities To Minimize the Risk of Conflict with His Judicial Duties” Canon 3C(l) provides in pertinent part: “A judge should disqualify himself in a proceeding in which his disqualification is required by law or his impartiality might reasonably be questioned ...” Together these Canons set the standard a judge should follow in accepting extra- judicial responsibilities. His judicial duties take precedence over other duties. Therefore, it is the opinion of the Commission that a district court judge may serve as a member of the Superintendent’s Advisory Council so long as such service does not conflict with the performance of his judicial duties. It must be noted that should the Council consider matters or issues which would ordinarily come before the judge’s court, Canons 5 and 3C(l) would require that the judge immediately cease to participate as an Advisory Council member. Otherwise, the judge would be required to constantly recuse himself when these matters or issues come before his court. Very truly yours, JUDICIAL INQUIRY COMMISSION