Does Opinion 89-355 still require a municipal judge to resign when running for nonjudicial office?
Apply this to your situation
This page answers the general question as of 1989. 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 1989 opinion read Canon 7A(2) to require a municipal judge to resign when seeking nonjudicial office and rejected leave of absence as an alternative. The official PDF is marked “Withdrawn May 31, 1991.”
The Commission later stated in Opinion 94-525 that Opinion 89-355 was erroneous and had been withdrawn. It said a constitutional provision controlled over Canon 7 for municipal judges, while a separate statute or ordinance could present another issue. The original resignation advice is historical and should not be relied on as current guidance.
Currency note
This opinion was issued in 1989, 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 the 1989 resignation conclusion still in force after withdrawal?
A: No. The official PDF marks the opinion withdrawn, and Opinion 94-525 identifies it as erroneous.
Q: Did the 1989 opinion permit leave of absence instead of resignation?
A: No. That was its original answer, but the opinion was subsequently withdrawn.
Background and rules framework
The withdrawn opinion cited Canon 7A(2). Later Opinion 94-525 discusses Alabama Constitution Amendment 328, § 6.065 and says Opinion 89-355 was erroneous and withdrawn.
Citations and references
Alabama Canons of Judicial Ethics:
- Canon 7A(2)
Other authorities cited:
- Alabama JIC Opinion 94-525, identifying the withdrawal and error.
- Alabama Constitution Amendment 328, § 6.065, as discussed in Opinion 94-525.
See also
Source
- Landing page: Alabama JIC advisory opinions
- Original PDF: Advisory Opinion 89-355
- Canon history: Alabama JIC, Canons of Judicial Ethics
Original opinion text
Reproduced from the official source for research purposes. The linked source is authoritative.
89-355
[Withdrawn May 31, 1991]
Judicial Inquiry Commission
800 SOUTH MCDONOUGH STREET
SUITE 201
MONTGOMERY, ALABAMA 36104
February 28, 1989
The Judicial Inquiry Commission has considered your request for an opinion concerning whether under the Alabama Canons of Judicial Ethics a municipal judge must resign his position in order to run for a nonjudicial office. In the alternative, you ask whether the canons allow for a judge to take a leave of absence from his judicial office rather than resign his position under these circumstances. It is the opinion of the Commission that the Alabama Canons of Judicial Ethics require that a judge, who becomes a candidate for a nonjudicial office, resign his judicial position. Canon 7A(2) is specific in its requirements. That canon provides: “A judge should resign his office when he becomes a candidate either in a political primary or in a general election for a nonjudicial office, ...” This canon leaves no room for interpretation. A candidate’s only alternative is to resign his judicial position when he runs for a nonjudicial office. Very truly yours, JUDICIAL INQUIRY COMMISSION
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