Could a retired active circuit judge serve as a paid arbitrator or mediator?
Apply this to your situation
This page answers the general question as of 1986. Ask about yours and see what the current rules of professional conduct in your state say for your facts, with citations.
Plain-English summary
A retired active circuit judge asked about accepting paid arbitration or mediation work.
The Commission said the Canons did not prohibit that work. Although Canon 5E stated that a judge should not serve as arbitrator or mediator, Section D(2) of the Compliance provisions exempted retired active judges.
Currency note
This opinion was issued in 1986, 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 Canon 5E’s restriction apply to this retired active judge?
A: No. The Commission said Section D(2) of the Compliance provisions exempted that judge.
Q: Could the judge receive compensation?
A: Yes. The Commission expressly permitted compensation for the described work.
Background and rules framework
The opinion reads Canon 5E together with the retired active judge exemption in the Canons’ Compliance section.
Citations and references
Alabama Canons of Judicial Ethics:
- Canon 5E
See also
Source
- Landing page: Alabama JIC advisory opinions
- Original PDF: Advisory Opinion 86-254
- Canon history: Alabama JIC, Canons of Judicial Ethics
Original opinion text
Reproduced from the official source for research purposes. The linked source is authoritative.
86-254
Judicial Inquiry Commission
800 SOUTH MCDONOUGH STREET
SUITE 201
MONTGOMERY, ALABAMA 36104
March 3, 1986
The Judicial Inquiry Commission has considered your request for an opinion concerning whether, under the Alabama Canons of Judicial Ethics, a retired active circuit judge may serve as an arbitrator or mediator and receive compensation for such service. It is the opinion of the Commission that the Alabama Canons of Judicial Ethics do not prohibit a retired active circuit judge from serving as an arbitrator or mediator and being compensated therefor. While Canon 5E provides that “a judge should not serve as an arbitrator or mediator,” that restriction does not apply to retired active judges according to Section D(2) of the Compliance provisions of the Canons. Sincerely, JUDICIAL INQUIRY COMMISSION
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