Could a judge attend and participate in a meeting to study and debate proposed amendments to the United States Constitution?

Plain-English summary

The proposed Alabama Jefferson Meeting on the Constitution, sponsored by Cumberland School of Law and funded by the Alabama Humanities Foundation, would study, discuss, and debate possible amendments to the United States Constitution. The foundation would pay participants’ room and board.

The Commission said the meeting fit Canon 4’s permitted law-related activities. It allowed the judge to attend and participate so long as doing so did not interfere with judicial duties or cast doubt on the judge’s capacity to decide impartially.

Currency note

This opinion was issued in 1987, 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 permit attendance and participation?

A: Yes, under Canon 4’s conditions concerning judicial duties and impartiality.

Q: What was the meeting’s stated purpose?

A: It was designed for study, discussion, and debate about the desirability of amendments to the United States Constitution.

Background and rules framework

The opinion quotes Canon 4’s permission for judges to speak, write, teach, and take part in law-related activity, subject to proper performance of judicial duties and impartiality.

Citations and references

Alabama Canons of Judicial Ethics:

• Canon 4
• Canon 4A
• Canon 4B

See also

• AL Judicial Ethics Op. 87-308: Retired Judge on County Board

Source

• Landing page: Alabama JIC advisory opinions
• Original PDF: Advisory Opinion 87-309
• Canon history: Alabama JIC, Canons of Judicial Ethics

Original opinion text

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

87-309
Judicial Inquiry Commission
800 SOUTH MCDONOUGH STREET
SUITE 201
MONTGOMERY, ALABAMA 36104
August 3, 1987
The Judicial Inquiry Commission has considered your request for an opinion concerning whether under the Alabama Canons of Judicial Ethics a judge may participate in the Alabama Jefferson Meeting on the Constitution sponsored by Cumberland School of Law and funded by the Alabama Humanities Foundation. The Foundation will pay room and board for all participants. The meeting is designed for study, discussion and debate concerning the desirability of amendments to the United States Constitution. The meeting is being held in celebration of the bicentenary year of the United States Constitution. It is the opinion of the Commission that a judge’s participation in the proposed meeting is specifically permitted within the guidelines of Canon 4 of the Alabama Canons of Judicial Ethics. Canon 4 provides as follows: “A Judge May Engage in Activities to Improve the Law, the Legal System, and the Administration of Justice. A judge, subject to the proper performance of his judicial duties, may engage in the following quasi-judicial activities, if in doing so he does not cast doubt on his capacity to decide impartially any issue that may come before him: A. He may speak, write, lecture, teach, and participate in other activities concerning the law, the legal system, and the administration of justice. B. He may appear at a public hearing before an executive or legislative body or official and may otherwise consult with an executive or legislative body or official on matters concerning the law, the legal system, and the administration of justice.” The purpose of the proposed meeting is consistent with the purpose of the activities permitted by Canon 4. Therefore, so long as the judge’s participation does not interfere with the proper performance of his judicial duties and does not cast doubt on his impartiality, the judge may attend and participate in the meeting. Sincerely, JUDICIAL INQUIRY COMMISSION