May a judge give a law student a character affidavit for bar admission?

Plain-English summary

A judge asked whether Canon 2C barred a character affidavit for a law student seeking admission to the bar. The Commission said it did not.

Canon 2C barred a judge from lending office prestige to another’s private interests and from voluntarily testifying as a character witness at a hearing. Its commentary, however, allowed a personal recommendation in appropriate circumstances. The Commission said the affidavit was permitted unless the judge knew of litigation in which the student was involved or likely to become involved.

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: Did Canon 2C prohibit the affidavit outright?

A: No. The Commission said Canon 2C did not prohibit it under the stated facts.

Q: What litigation condition did it identify?

A: The judge should not provide it if the judge knows the student is involved, or likely to be involved, in litigation.

Background and rules framework

The opinion quotes Canon 2C and its commentary on a judge’s use of office prestige, voluntary character testimony at hearings, and recommendations based on personal knowledge.

Citations and references

Alabama Canons of Judicial Ethics:

• Canon 2C

See also

• AL Judicial Ethics Op. 96-615: Voluntary Character Testimony

Source

• Landing page: Alabama JIC advisory opinions
• Original PDF: Advisory Opinion 89-357
• Canon history: Alabama JIC, Canons of Judicial Ethics

Original opinion text

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

89-357
Judicial Inquiry Commission
800 SOUTH MCDONOUGH STREET
SUITE 201
MONTGOMERY, ALABAMA 36104
April 4, 1989
The Judicial Inquiry Commission has considered your request for an opinion concerning whether under Canon 2C of the Alabama Canons of Judicial Ethics a judge may give an affidavit of character to a law student in relation to his admission to the Bar. It is the opinion of the Commission that Canon 2C does not prohibit the judge giving the described affidavit. The issue appears to be specifically determined by Canon 2C and the Commentary thereto. Canon 2C provides: A judge ... should not lend the prestige of his office to advance the private interests of others; nor should he convey or permit others to convey the impression that they are in a special position to influence him. He should not testify voluntarily as a character witness at any hearing before any court, or judicial or governmental commission. The pertinent Commentary provides: This canon does not per se prohibit a judge from writing a letter of recommendation disclosing personal information of someone’s experience, character, or ability. Such letter, however, should not be written if the recipient is engaged in litigation before the judge or it is likely that the recipient will be engaged in proceedings that would ordinarily come before the court. In this instance, unless the judge knows of some litigation in which the law student is involved or likely to become involved, Canon 2C would not prohibit the judge’s supplying the character affidavit. Sincerely, JUDICIAL INQUIRY COMMISSION