May a part-time municipal judge who is also an assistant district attorney issue warrants returnable to municipal or district court?

Plain-English summary

A part-time municipal judge who also served as an assistant district attorney asked whether municipal search and arrest warrants could be made returnable to municipal or state district court.

The Commission said the judge could issue the warrants returnable to either court. It prohibited the judge from acting as an attorney in any matter where he had issued a warrant or in a related proceeding. It also said he should not discuss those matters with the district attorney or staff.

The opinion emphasized independence of the two roles. It warned that apparent favoritism through involvement in state cases or state-court warrants could violate Canon 1.

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: Could the judge issue warrants returnable to district court?

A: Yes. The Commission said municipal search and arrest warrants could be returnable to municipal or state district court.

Q: Could the judge then prosecute a matter in which he issued a warrant?

A: No. The opinion barred attorney work in that matter and related proceedings, and said he should not discuss it with district-attorney staff.

Background and rules framework

The opinion relies primarily on Canon 1 and Advisory Opinion 86-251, while also citing Canons 3 and 5 and Part A.(2) of the Compliance provisions.

Citations and references

Alabama Canons of Judicial Ethics:

• Canon 1
• Canon 3
• Canon 5

Other authorities cited:

• Alabama JIC Advisory Opinion 86-251, part-time municipal judge also serving as part-time district attorney.
• Part A.(2) of the Compliance provisions, cited in the opinion.

See also

• AL Judicial Ethics Op. 90-408: Substitute Judge in Own Court

Source

• Landing page: Alabama JIC advisory opinions
• Original PDF: Advisory Opinion 90-407
• Canon history: Alabama JIC, Canons of Judicial Ethics

Original opinion text

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

90-407
Judicial Inquiry Commission
800 SOUTH MCDONOUGH STREET
SUITE 201
MONTGOMERY, ALABAMA 36104
September 26, 1990
The Judicial Inquiry Commission has considered your request for an opinion concerning whether, under the Alabama Canons of Judicial Ethics, a part-time district attorney, who serves also as a part-time municipal court judge, may, in his judicial capacity, issue municipal arrest and search warrants and, if he can, whether such warrants may be returnable to the district court. It is the opinion of the Commission that a part-time municipal court judge, who also serves as an assistant district attorney, is not prohibited from issuing municipal search and arrest warrants returnable to either the municipal or state district court. He is prohibited, however, from acting as an attorney in any proceeding in which he has issued warrants. The Commission further notes that the judge should be ever mindful of all of the Canons of Judicial Ethics, particularly Canons 1, 3 and 5 such that his involvement as an assistant district attorney and the district attorney’s office remain totally independent of his judicial position. This opinion is based primarily on Advisory Opinion 86-251 in addition to Canon 1 of the Alabama Canons of Judicial Ethics. In Advisory Opinion 86-251, the Commission held that a part-time municipal court judge is not prohibited from also serving as a part-time district attorney under the Compliance provisions of the Canons. We also noted that such judges were prohibited from serving as an attorney in any matter in which they served as judge or in any proceeding related thereto. See also Part A.(2) of the Compliance provisions. Therefore, the judge would be disqualified from serving as an assistant district attorney in any matter in which he had issued a warrant. Further, in order to maintain the independence and integrity of the judicial system, he should not even discuss such matters with the district attorney or his staff. As a caveat, the Commission further notes that should the part-time judge’s court even appear to show favoritism by specific involvement in state cases or cases in which warrants are returnable to state courts, then Canon 1, which requires that a judge “uphold the integrity and independence of the judiciary”, may be violated. Therefore, a judge serving in these two positions places a heavy burden upon himself to keep the positions totally separate. Sincerely, JUDICIAL INQUIRY COMMISSION