Could a judge appoint a qualified second cousin as judicial secretary?
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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 judge wanted to appoint a highly qualified second cousin as judicial secretary. The Commission classified that relationship as sixth-degree kinship.
It said Canon 3B(4) required merit-based appointments free of nepotism and favoritism, while Alabama Code § 41-1-5 absolutely barred appointment of relatives within the fourth degree. Because the second cousin fell beyond that range, an appointment based on merit was not prohibited.
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: Was the second cousin within the statutory bar?
A: No. The Commission said the relative was in the sixth degree, beyond the fourth-degree limit.
Q: What condition remained?
A: The appointment had to rest on merit, not nepotism or favoritism.
Background and rules framework
The opinion quotes Canon 3B(4)’s appointment standard and Alabama Code § 41-1-5’s fourth-degree restriction.
Citations and references
Alabama Canons of Judicial Ethics:
- Canon 3B(4)
Statutes:
- Alabama Code § 41-1-5 (1975), fourth-degree appointment prohibition.
See also
Source
- Landing page: Alabama JIC advisory opinions
- Original PDF: Advisory Opinion 86-256
- Canon history: Alabama JIC, Canons of Judicial Ethics
Original opinion text
Reproduced from the official source for research purposes. The linked source is authoritative.
86-256
Judicial Inquiry Commission
800 SOUTH MCDONOUGH STREET
SUITE 201
MONTGOMERY, ALABAMA 36104
March 2, 1986
The Judicial Inquiry Commission has considered your request for an opinion concerning whether, under the Alabama Canons of Judicial Ethics, a Judge may appoint his second cousin, who is highly competent and qualified, as his secretary. It is the opinion of the Commission that a judge is not prohibited from appointing his second cousin, who is highly competent and qualified, as his secretary. This issue is governed by Canon 3B(4) of the Alabama Canons of Judicial Ethics as well as Section 41-1-5, Code of Alabama, 1975. These provisions are as follows: Canon 3B(4): “A judge should not make unnecessary appointments. He should exercise his power of appointment only on the basis of merit, avoiding nepotism and favoritism ...” Section 41-1-5: “No officer ... of the state ... shall appoint any person related to him within the fourth degree of affinity or consanguinity to any job ... with the state or any of its agencies.” Taken together, these provisions absolutely prohibit the judge’s appointment of a relative within the prohibited degree to the position of judicial secretary. Other appointments of relatives are restricted, but not absolutely prohibited by Canon 3B(4). If the relative does not fall within the prohibited degree and the appointment is based on merit and not nepotism, then the Canon does not prohibit the relative’s appointment. According to the Nolan Chart, a second cousin falls within the sixth degree of kinship; therefore, an appointment based on merit is not prohibited. Sincerely, JUDICIAL INQUIRY COMMISSION
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