Do the Alabama Canons of Judicial Ethics apply to municipal court magistrates?

Plain-English summary

The Commission was asked whether municipal court magistrates were subject to the Alabama Canons of Judicial Ethics. It answered no.

The opinion says the Canons govern members of the judiciary and separately identify the types of judges to whom particular provisions apply. Municipal magistrates are not mentioned. The Commission described a magistrate as an administrative officer with limited judicial powers, including warrants and minor-case duties, rather than a judge.

The opinion compared constitutional provisions governing judges, magistrates and the Commission’s own jurisdiction. It concluded that magistrates were not judges of a state court for purposes of these Canons, while recognizing the importance of their work.

Currency note

This opinion was issued in 1992, 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: Are municipal magistrates covered by the Canons?

A: No. The Commission concluded that they are not subject to the Alabama Canons of Judicial Ethics.

Q: Does the ability to issue a warrant make a magistrate a judge?

A: No. The opinion described magistrates as administrative officers with limited judicial powers.

Q: What limits the Commission’s jurisdiction?

A: The opinion cites the constitutional provision limiting Commission complaints to judges of courts in the state judicial system.

Background and rules framework

The opinion cites the Canons’ Preamble and compliance section, Alabama Constitution Amendment 328 §§ 6.01(b), 6.07, 6.08(c), and 6.17(b), and Ala. Code 1975, § 12-14-50. It does not identify a numbered Canon applicable to magistrates.

Citations and references

Statutes and other authorities:

• Ala. Code 1975, § 12-14-50: municipal court administrative agency.
• Alabama Constitution Amendment 328 §§ 6.01(b), 6.07, 6.08(c), 6.17(b): judicial officers, judges and Commission jurisdiction.

Cases:

• Shadwick v. City of Tampa, 407 U.S. 345, 351, 92 S.Ct. 2119, 2123, 32 L.Ed.2d 783 (1972): magistrate performing judicial functions.

See also

• AL Judicial Ethics Op. 92-459: Municipal Judge Drafting Briefs

Source

• Landing page: Alabama JIC advisory opinions
• Original PDF: Advisory Opinion 92-450
• Canon history: Alabama JIC, Canons of Judicial Ethics

Original opinion text

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

92-450
Judicial Inquiry Commission
800 SOUTH MCDONOUGH STREET
SUITE 201
MONTGOMERY, ALABAMA 36104
August 21, 1992
This is in response to your request for an advisory opinion from the Judicial Inquiry Commission. Your question is whether municipal court magistrates are subject to the Alabama Canons of Judicial Ethics. It is the opinion of this Commission that the Alabama Canons of Judicial Ethics do not apply to municipal court magistrates. The Alabama Canons of Judicial Ethics “govern the conduct of members of the judiciary.” Preamble, Canons of Judicial Ethics. Certain Canons are specifically made applicable to part-time judges, judges pro tempore, and probate judges. See Compliance With The Canons of Judicial Ethics, Canons of Judicial Ethics. Magistrates are nowhere mentioned in the Canons. Municipal court magistrates are administrative officers with limited judicial powers. “The municipal court is authorized to create an ‘administrative agency empowered to provide expeditious service in connection with administrative adjudication of ordinance violations, the handling of uniform traffic tickets and complaints, the issuance of arrest warrants and other powers provided by law.’ (citing Ala. Code 1975, § 12-14-50] The magistrates “shall be considered, the chief officers of such administrative agency.’ [citing § 12-14-50(a)] The magistrate must be neutral and detached from all law enforcement activities. The general powers of the magistrate include the following: ‘(l) Issuance of arrest warrants; (2) Granting of bail in minor misdemeanor prosecutions; (3) Receiving of pleas of guilty in minor misdemeanor cases where a schedule of fines has been prescribed by rule; (4) Accountability to the municipal court for all uniform traffic tickets and complaints issued, for all monies received, and for any records of offenses; and (5) Such other authority as may be granted by law.’ Magistrates are protected by judicial immunity while engaging in the judicial function of issuing warrants, provided that the magistrate does not act with malice.” T. Bishop, Municipal Courts § 2.17 at 22 (1991) (footnotes omitted except where noted). “Court magistrates operate under the administrative direction of the municipal court clerk. Municipal Courts at 105. The appointment of magistrates is controlled by Rule 18 of the Alabama Rules of 92-450 Page 2 Judicial Administration, Municipal Courts at 8, and there is no requirement that a magistrate be licensed to practice law in Alabama. Section 6.01(b) of Amendment 328 to the Constitution of Alabama of 1901 provides: “The legislature may create judicial officers with authority to issue warrants and may vest in administrative agencies established by law such judicial powers as may be reasonably necessary as an incident to the accomplishment of the purposes for which the agencies are created.” While engaging in judicial functions, a magistrate “may well be termed a ‘judicial officer.’” Shadwick v. City of Tampa, 407 U.S. 345, 351, 92 S.Ct. 2119, 2123, 32 L.Ed.2d 783 (1972). However, it is more correct to state that a municipal court magistrate is an administrative officer with limited judicial powers. A magistrate is neither a judge nor a member of the judiciary. Section 6.07 of Amendment 328 provides: “6.07. Qualifications of judges. Judges of the supreme court, courts of appeals, circuit court and district court shall be licensed to practice law in this state and have such other qualifications as the legislature may prescribe. Judges of the probate court shall have such qualifications as may be provided by law.” Municipal judges are covered in §6.065 which provides in pertinent part that “[j]udges of municipal courts shall be licensed to practice law in the state and have such other qualifications as the legislature may prescribe.” Significantly, §6.08(c) of Amendment 328 provides: “The supreme court shall adopt rules of conduct and canons of ethics, not inconsistent with the provisions of this Constitution, for the judges of all courts of this State.” (emphasis added). Likewise, the jurisdiction of the Judicial Inquiry Commission is limited to ethical “complaints concerning any judge of a court of the judicial system of this state.” Amendment 328, § 6.17(b) Since municipal court magistrates are not “judges” of any court, they are not subject to the Alabama Canons of Judicial Ethics. The Commission's holding that municipal magistrates are not subject to the Canons of Judicial Ethics in no way should be construed as any attempt to attenuate or detract from the extremely significant and important task performed by the magistrates of this State. The Commission takes this opportunity to applaud their diligence and hard work and to recognize their importance in Alabama’s judicial system. This opinion has been approved by the members of the Judicial Inquiry Commission. Please contact me if you have any questions on this or any other matter.