Ezel / Ethics Opinions / JUDICIAL-AL

Must a judge recuse from all criminal cases because the judge’s brother is an assistant district attorney?

Short answer No. The Commission said the brother’s employment alone did not disqualify the judge from every criminal case, but recusal was required when the brother directly participated or appeared for the district attorney’s office.
Bar
JUDICIAL-AL
Issued
December 20, 1988
Source
View Original PDF

Apply this to your situation

This page answers the general question as of 1988. Ask about yours and see what the current rules of professional conduct in your state say for your facts, with citations.

Disclaimer: Advisory only. Not binding precedent.
About this page: The plain-English summary, reader guidance, and Q&A below were written by Ezel based on the official ethics opinion. The original opinion (linked on this page as a PDF) is the authoritative source for any reliance.
View original ethics opinion (PDF)

Plain-English summary

A judge asked whether the brother’s employment as an assistant district attorney meant the judge could not hear any criminal case.

The Commission rejected automatic disqualification from all criminal matters. It said the judge was disqualified from a matter in which the brother was directly involved or appeared for the district attorney’s office, citing Canon 3C and five earlier advisory opinions.

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: Was recusal required from every criminal case?

A: No. The Commission said the brother’s job as assistant district attorney did not by itself disqualify the judge from all criminal matters.

Q: When was recusal required?

A: In any matter in which the brother was directly involved or appeared for the district attorney’s office.

Background and rules framework

The opinion cites Canon 3C of the Alabama Canons of Judicial Ethics and five earlier Commission opinions cited as in accord.

Citations and references

Alabama Canons of Judicial Ethics:

  • Canon 3C

Other opinions cited:

  • Alabama Judicial Inquiry Commission Advisory Opinions 86-277, 83-171, 80-90, 80-89, and 80-88.

See also

Source

Original opinion text

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

88-346
Judicial Inquiry Commission
800 SOUTH MCDONOUGH STREET
SUITE 201
MONTGOMERY, ALABAMA 36104
December 20, 1988
The Judicial Inquiry Commission has considered your request for an opinion concerning whether under the Alabama Canons of Judicial Ethics a judge is disqualified from sitting in all criminal matters where the judge’s brother is employed as an Assistant District Attorney by the local District Attorney. It is the opinion of the Commission that a judge is not disqualified from sitting in all criminal matters under the above described circumstances. He is however disqualified from sitting in any matter in which his brother is directly involved or appears for the District Attorney’s Office. See in accord Canon 3C of the Alabama Canons of Judicial Ethics and Advisory Opinions 86-277, 83-171, 80-90, 80-89 and 80-88. Sincerely, JUDICIAL INQUIRY COMMISSION

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