May a circuit judge serve on the Presbyterian Church synod’s judicial committee?

Plain-English summary

A circuit judge asked about serving on a Presbyterian Church synod judicial committee made up of ministers and laypeople. The committee covered several states, exercised no secular jurisdiction, and had heard no case for many years.

The Commission found the service permissible so long as it did not interfere with proper performance of judicial duties or risk conflict with them. It cited Canon 5’s general limit on extrajudicial activity and Canon 5B’s allowance for service in religious institutions.

The opinion noted Canon 5B’s limits concerning organizations regularly engaged in adversary proceedings in secular court or likely to appear in the judge’s court, and found neither issue apparent on the submitted facts.

Currency note

This opinion was issued in 1991, 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 serve on this synod committee?

A: Yes, under the stated conditions concerning conflicts and judicial duties.

Q: Why did the committee’s jurisdiction matter?

A: The Commission noted that it exercised no secular jurisdiction and did not appear to present secular legal issues or the court-appearance concerns described in Canon 5B.

Background and rules framework

The opinion applies Canons 5 and 5B to service in a religious institution. It describes limits concerning secular adversary proceedings and likely appearances before the judge.

Citations and references

Alabama Canons of Judicial Ethics:

• Canon 5
• Canon 5B

See also

• AL Judicial Ethics Op. 91-435: Charitable Fundraiser

Source

• Landing page: Alabama JIC advisory opinions
• Original PDF: Advisory Opinion 91-412
• Canon history: Alabama JIC, Canons of Judicial Ethics

Original opinion text

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

91-412
Judicial Inquiry Commission
800 SOUTH MCDONOUGH STREET
SUITE 201
MONTGOMERY, ALABAMA 36104
February 26, 1991
The Judicial Inquiry Commission has considered your request for an opinion concerning whether under the Alabama Canons of Judicial Ethics a Circuit Court Judge may serve on the Synod Permanent Judicial Committee of the Presbyterian Church (USA). The Synod covers several states. The Judicial Committee is composed of ministers and lay people and exercises no secular jurisdiction. The Committee has not heard a case for many years and does not appear to involve a substantial amount of time. It is the opinion of the Commission that under the Alabama Canons of Judicial Ethics it is not impermissible for a judge to serve on the Committee in question so long as such service does not interfere with the proper performance of or risk conflict with his judicial duties. Canon 5 of the Alabama Canons of Judicial Ethics regulates participation in extra- judicial activities and organizations. That Canon provides: A judge should regulate his extra-judicial activities to minimize the risk of conflict with his judicial duties. The Commentary to this Canon recognizes that it is neither possible nor wise for a judge to maintain complete separation from extra-judicial activities. Further, Canon 5B more specifically allows a judge to participate in religious institutions as an officer, director, trustee or nonlegal advisor subject to certain additional limitations. These limitations include a prohibition where the organization is regularly engaged in adversary proceedings in any secular court, or if the organization is likely to appear in the judge’s court. It does not appear in this instance that service on the Synod Judicial Committee would concern any secular legal issues, interfere with the performance of the judge’s judicial duties, or provide any other conflict with the judge’s judicial duties. Therefore, such service is not prohibited. Sincerely, JUDICIAL INQUIRY COMMISSION