How long did the judge’s truancy-case disqualification from a letter to parents last?
Apply this to your situation
This page answers the general question as of 1990. Ask about yours and see what the current rules of professional conduct in your state say for your facts, with citations.
Plain-English summary
Advisory Opinion 89-381 had found a judge disqualified in truancy cases involving children whose parents received a particular letter and said remission was possible. The judge asked how long that disqualification lasted.
The Commission limited it to truancy cases arising during the school year in which the letter was mailed and intended to operate. It reasoned that the prevention program followed the annual cycle of school programs and parent permissions.
Currency note
This opinion was issued in 1990, 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 disqualification continue into all later school years?
A: No. The Commission tied it to truancy arising in the school year for which the letter was sent and intended to be effective.
Q: Was the original disqualification remittable?
A: The opinion recounts that Advisory Opinion 89-381 had said it could be remitted.
Background and rules framework
The opinion applies the specific circumstances of the truancy-letter program and Advisory Opinion 89-381. It does not cite a numbered Canon.
See also
Source
- Landing page: Alabama JIC advisory opinions
- Original PDF: Advisory Opinion 90-393
- Canon history: Alabama JIC, Canons of Judicial Ethics
Original opinion text
Reproduced from the official source for research purposes. The linked source is authoritative.
90-393
Judicial Inquiry Commission
800 SOUTH MCDONOUGH STREET
SUITE 201
MONTGOMERY, ALABAMA 36104
April 3, 1990
The Judicial Inquiry Commission has considered your request for an opinion concerning the duration of a judge’s disqualification found to exist in Advisory Opinion 89-381. There, the Commission advised that a certain letter to parents of school-age children caused the judge’s disqualification in truancy cases involving children whose parents received the letter. The Commission further advised that this disqualification could be remitted. It is the opinion of the Commission that the disqualification would exist in truancy cases arising during the school year in which the letter was mailed and during which the letters were intended to be effective. This opinion is based on the particular circumstances involved in this instance. Essentially, this matter involves a single school year. Each school year creates a new educational program for each student advancing from grade to grade or remaining in the same grade. At the beginning of each school year, parents and students sign new forms granting parental permissions, renewing school insurance, signing up for programs, deciding educational placements, etc. Since so many school programs and activities are carried on a yearly basis, it is reasonable to consider this truancy prevention program to follow the same pattern. Therefore, disqualification arising out of the sending of the letter would adhere only to those cases arising out of truancy occurring during the present school year. Sincerely, JUDICIAL INQUIRY COMMISSION
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