Could a robed judge set mock fines at a charity fundraiser’s staged trials?

Plain-English summary

A charitable event proposed mock arrests and trials of local figures. The judge would appear in robes, act as the mock judge, and set amounts participants would raise for charity.

The Commission said Canon 5B did not absolutely prohibit all charitable fundraising activity by a judge. It nevertheless discouraged this mock-judge role and said a participating judge should not wear judicial robes or lend the office’s prestige to the fundraiser.

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: Did the Commission impose an absolute ban on all fundraising participation?

A: No. It said Canon 5B did not impose an absolute prohibition.

Q: Could the judge wear robes if participating?

A: No. The Commission said the judge should not appear in robes.

Background and rules framework

The opinion quotes Canon 5B(2) on avoiding solicitation and use of office prestige, and refers to Canons 1 and 2.

Citations and references

Alabama Canons of Judicial Ethics:

• Canon 5B
• Canon 5B(2)
• Canon 1
• Canon 2

Other opinions cited:

• Alabama JIC Opinion 83-174, charitable fundraising activity.

See also

• AL Judicial Ethics Op. 86-262: Judge’s Charity Bike Ride

Source

• Landing page: Alabama JIC advisory opinions
• Original PDF: Advisory Opinion 85-242
• Canon history: Alabama JIC, Canons of Judicial Ethics

Original opinion text

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

85-242
Judicial Inquiry Commission
800 SOUTH MCDONOUGH STREET
SUITE 201
MONTGOMERY, ALABAMA 36104
August 28, 1985
The Judicial Inquiry Commission has considered your request for an opinion concerning whether a judge may appear in his judicial robes at a charitable fund raiser and act as a judge over the mock trials setting mock fines at amounts which arrestees (local dignitaries) are required to raise for charity in order to be set free. Canon 5B of the Alabama Canons of Judicial Ethics governs a judge’s civic and charitable activities. Specifically as to fund raising that Canon provides under 5B(2): “It is desirable that judge not solicit funds for any educational, religious, charitable, fraternal or civic organization or institution, or use or permit the use of the prestige of his office for that purpose but he may be listed as an officer, director or trustee of such an organization or institution.” In the past, the Commission has held that these provisions do not provide an absolute prohibition against charitable fund raising activities by a judge. See Advisory Opinion 83-174. However, should a judge participate in the above-described fund raising activity he should be ever mindful of the provisions of Canons 1 and 2 and limit his activity so that he does not lend the prestige of his judicial office to the event. A judge is therefore discouraged from acting as the “judge” in the fund raiser. If he does participate, he should not appear in his judicial robes. Sincerely, JUDICIAL INQUIRY COMMISSION