May a district judge running for circuit judge appear in campaign material wearing judicial robes?

Plain-English summary

A district judge running for circuit judge asked about appearing in campaign literature wearing judicial robes.

The Commission found no violation on the stated facts. It applied Canon 7’s campaign rules along with Canons 1 and 2. It said the literature must accurately reflect the judge’s qualifications and must not suggest that the district judge had previously served as a circuit judge.

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: Did the Commission prohibit the photograph in robes?

A: No. It found no Canons violation on the described facts.

Q: What impression did it say the literature must avoid?

A: It must not suggest the district judge had previously served as a circuit judge.

Background and rules framework

The opinion applies Canon 7B’s rules on campaign dignity and misrepresentation and Canons 1 and 2 on integrity and the appearance of impropriety.

Citations and references

Alabama Canons of Judicial Ethics:

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

See also

• AL Judicial Ethics Op. 88-330: Campaign Letter to Former Jurors

Source

• Landing page: Alabama JIC advisory opinions
• Original PDF: Advisory Opinion 88-331
• Canon history: Alabama JIC, Canons of Judicial Ethics

Original opinion text

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

88-331
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 it is proper for a district judge, who is running for circuit judge, to appear in his campaign literature in his judicial robes. It is the opinion of the Commission that the above described facts do not present a violation of the Alabama Canons of Judicial Ethics. A judge’s campaign conduct is governed primarily by Canon 7. That canon provides: “A Judge Should Refrain From Political Activity Inappropriate to His Judicial Office” Canon 7B further 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. (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.” 88-331 Page 2 In addition, a judge should be ever mindful of the provisions of Canons 1 and 2 in conducting campaign activities. Those canons require that at all times a judge should uphold the integrity of the judiciary and should avoid impropriety and the appearance of impropriety in all his activities. Under the provisions of these canons, the judge should make sure that his campaign literature accurately reflects his qualifications. Thus, the campaign literature including the picture of the judge should in no way suggest that the district judge has previously served as circuit judge. Sincerely, JUDICIAL INQUIRY COMMISSION