May a judge seeking reelection mail former jurors a personal letter thanking them and asking for support?

Plain-English summary

A judge seeking reelection proposed mailing past jurors a letter thanking them for service and asking for electoral support. The judge would pay for and prepare it personally, without state employees or equipment.

The Commission found that a carefully worded letter like the one described would not violate the Canons. It said Canon 7B controlled campaign conduct, while Canons 1 and 2 required judicial integrity and avoidance of even an appearance of impropriety. The letter could invite support from people who had observed the judge without making improper promises or misrepresentations.

Currency note

This opinion was issued in 1988, 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: Could the judge ask former jurors for campaign support by letter?

A: Yes, if the letter remained within the Canons and was carefully worded as described.

Q: Did the proposal involve public resources?

A: No. The request said the judge would use personal time and funds, without state personnel or equipment.

Background and rules framework

The opinion quotes Canon 7B on campaign dignity, employee activity, promises, misrepresentations, and contributions. It also applies Canons 1 and 2 to the proposed wording.

Citations and references

Alabama Canons of Judicial Ethics:

• Canon 1
• Canon 2
• Canon 7
• Canon 7B

See also

• AL Judicial Ethics Op. 88-331: Judicial Robes in Campaign Literature

Source

• Landing page: Alabama JIC advisory opinions
• Original PDF: Advisory Opinion 88-330
• Canon history: Alabama JIC, Canons of Judicial Ethics

Original opinion text

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

88-330
Judicial Inquiry Commission
800 SOUTH MCDONOUGH STREET
SUITE 201
MONTGOMERY, ALABAMA 36104
March 28, 1988
The Judicial Inquiry Commission has considered your request for an opinion concerning whether under the Alabama Canons of Judicial Ethics a judge, who is a candidate for judicial office, may solicit support by mail from persons who have previously served as jurors in cases in which the judge presided. The solicitation would be in the form of a personal letter from the judge to the past jurors commending them for their service and making a direct appeal for support for the judge’s candidacy. The letter would be prepared strictly at the judge’s personal expense, on his personal time away from the courthouse and would utilize no State personnel or equipment in its preparation. It is the opinion of the Commission that, carefully worded, such a letter would not violate the Alabama Canons of Judicial Ethics. The letter in question says little more than “thank you” to the jurors for serving, notes that they have had an opportunity to observe the judge on the bench, and asks the jurors to support the judge’s re-election. The letter carefully describes the judge’s actions in court as being in pursuit of a fair and effective court system. Campaign conduct is governed primarily by Canon 7 of the Alabama Canons of Judicial Ethics. That canon provides: “A Judge Should Refrain From Political Activity Inappropriate to His Judicial Office” Further, Canon 7B provides: “B. Campaign Conduct: (1) A candidate, including an incumbent judge, for a judicial office that is filled either by public election between competing candidates or on the basis of a merit system election: (a) Should maintain the dignity appropriate to judicial office. (b) Should prohibit public officials or employees subject to his direction or control from doing for him what he is prohibited from doing under this canon. 88-330 Page 2 (c) Should not make pledges or promises of conduct in office other than the faithful and impartial performances of the duties of the office; should not announce in advance his conclusions of law on pending litigation; and should not misrepresent his identity, qualifications, present position or other fact. (d) Should not use or permit the use of campaign contributions for the private benefit of himself.” The Commission has noted in previous opinions that candidates for judicial office should also be ever mindful of Canons 1 and 2. So long as the suggested letter of solicitation of support remains within the constraints of these canons, it remains acceptable campaign conduct. Under these canons, the letter must be such that it does not impinge upon the integrity or independence of the judiciary and must not even give the appearance of impropriety in its wording. However, as long as judges remain subject to election in a partisan political system, they must be able to seek support from those who have an opportunity to impartially observe their conduct. Sincerely, JUDICIAL INQUIRY COMMISSION