Who must sign a Canon 3D remittal when the judge is related to a party or appearing attorney?
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
The Commission was asked who had to sign a remittal of disqualification under Canon 3D when the judge’s family relationship to a party or attorney caused disqualification.
It quoted Canon 3D’s direction that the agreement be signed by all parties and lawyers and placed in the record. It concluded that the related attorney was among those required to sign.
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: Must the related attorney sign?
A: Yes. The Commission expressly included that attorney.
Q: What does Canon 3D say about the signed agreement?
A: The opinion quotes its requirement that the agreement of all parties and lawyers be incorporated into the record.
Background and rules framework
The opinion applies Canon 3D’s express signature and record requirement to a remittal involving the judge’s relative.
Citations and references
Alabama Canons of Judicial Ethics:
- Canon 3D
See also
Source
- Landing page: Alabama JIC advisory opinions
- Original PDF: Advisory Opinion 86-271
- Canon history: Alabama JIC, Canons of Judicial Ethics
Original opinion text
Reproduced from the official source for research purposes. The linked source is authoritative.
86-271
Judicial Inquiry Commission
800 SOUTH MCDONOUGH STREET
SUITE 201
MONTGOMERY, ALABAMA 36104
July 29, 1986
The Judicial Inquiry Commission has considered your request for an opinion concerning who must sign a Remittal of Disqualification under the provisions of Canon 3D of the Alabama Canons of Judicial Ethics where a judge is disqualified from sitting in a proceeding due to the judge’s relationship by blood or marriage to a party or an attorney appearing in a proceeding. Canon 3D provides in pertinent part:
... The agreement [that the judge is no longer disqualified and may participate in the proceeding] signed by all parties and lawyers shall be incorporated in the record of the proceeding. Based on these provisions, it is the opinion of the Commission that the remittal agreement must be signed by all parties and attorneys, including the related attorney. Sincerely, JUDICIAL INQUIRY COMMISSION
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