May a judge who presides over a personnel board’s appointing authority hear cases involving board members in their official capacity?
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
A judge sat on and presided over a supervisory committee that appointed the County Personnel Board. The judge asked about hearing proceedings involving the board and its members in their official capacity.
The Commission required disqualification from cases involving the board members in their official capacity. It said the judge’s position over their appointing authority created circumstances in which litigants and others could reasonably question impartiality under Canon 3C.
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 appointing role require recusal in the described cases?
A: Yes. The Commission required recusal when Personnel Board members were involved in their official capacity.
Q: What was the impartiality concern?
A: The judge served on and presided over the body that appointed one of the parties.
Background and rules framework
The opinion applies Alabama Canon 3C, including its Canon 3C(1) reasonable-question provision, to the judge’s appointment role.
Citations and references
Alabama Canons of Judicial Ethics:
- Canon 3C
- Canon 3C(1)
See also
Source
- Landing page: Alabama JIC advisory opinions
- Original PDF: Advisory Opinion 90-399
- Canon history: Alabama JIC, Canons of Judicial Ethics
Original opinion text
Reproduced from the official source for research purposes. The linked source is authoritative.
90-399
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 whether under the Alabama Canons of Judicial Ethics a judge is disqualified from sitting in a proceeding where the County Personnel Board and its members in their official capacity are parties. The judge, by virtue of his office, is a member of the Personnel Board Supervisory Committee which is the appointing authority for the County Personnel Board. It is the opinion of the Commission that the judge is disqualified from sitting in any proceeding involving the members of the Personnel Board in their official capacity. This opinion is based upon the application of Canon 3C of the Alabama Canons of Judicial Ethics. Canon 3C provides in pertinent part as follows: C. Disqualification (1) A judge should disqualify himself in a proceeding in which ... his impartiality might reasonably questioned ... In the present situation, the judge serves as the presiding officer over the appointing authority of one of the parties. The judge’s position as a member of the appointing authority and as its presiding officer presents circumstances in which the litigants and others might reasonably question the judge’s impartiality. Sincerely, JUDICIAL INQUIRY COMMISSION
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