May a trial judge write, proctor, and grade Alabama bar examination essay questions?
Apply this to your situation
This page answers the general question as of 1991. 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 trial-level judge asked whether the Canons permitted drafting bar examination essay questions, proctoring the examination while those questions were given, and grading the responses.
The Commission concluded that a judge may be an Alabama State Bar examiner. It relied on Canon 4’s permission for judges to participate in activities improving the law, legal system, and administration of justice, and quoted the Canon’s commentary encouraging such work to the extent time permits.
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: May the judge serve as a bar examiner?
A: Yes. The Commission said the activity was authorized by Canon 4.
Q: What tasks did the request describe?
A: The request described writing essay questions, proctoring while they were administered, and grading the answers.
Background and rules framework
The opinion relies on Alabama Canon 4 and its commentary concerning a judge’s contribution to improvement of the law, legal system, and administration of justice.
Citations and references
Alabama Canons of Judicial Ethics:
- Canon 4
See also
Source
- Landing page: Alabama JIC advisory opinions
- Original PDF: Advisory Opinion 91-427
- Canon history: Alabama JIC, Canons of Judicial Ethics
Original opinion text
Reproduced from the official source for research purposes. The linked source is authoritative.
91-427
Judicial Inquiry Commission
800 SOUTH MCDONOUGH STREET
SUITE 201
MONTGOMERY, ALABAMA 36104
June 4, 1991
In your letter of May 8, 1991, you request an advisory opinion from the Judicial Inquiry Commission on the following question: “Is a trial level judge prohibited by the Canons of Judicial Ethics from being a bar examiner-proctor in the sense that he/she could draft actual bar examination essay questions, sit as a proctor in the bar exam while their questions are given, and grade the responses to their questions?” It is the opinion of the Commission that a judge may be an examiner for the Alabama State Bar examination. This activity is authorized by Canon 4, Alabama Canons of Judicial Ethics, which permits a judge to engage in activities to improve the law, the legal system, and the administration of justice. The Commentary to Canon 4 states: “As a judicial officer and person specially learned in the law, a judge is in a unique position to contribute to the improvement of the law, the legal system, and the administration of justice, including revision of substantive and procedural law and improvement of criminal and juvenile justice. To the extent that his time permits, he is encouraged to do so, either independently or through a bar association, judicial conference, or other organization dedicated to the improvement of the law.” We trust that this response answers your inquiry. Sincerely, JUDICIAL INQUIRY COMMISSION
What do the rules say today, for your facts?
This opinion is from 1991. Ezel checks the current rules of professional conduct in your state against your situation and cites the rules it relies on.
Opens in Ezel Pro.
- Checks the law as it stands today, not only this page
- Cites every source it relies on, so you can verify it
- Chat, drafting and research in one workspace