May a sitting judge seek help from attorneys and friends in pursuing a federal judgeship appointment?
Apply this to your situation
This page answers the general question as of 1993. Ask about yours and see what the current rules of professional conduct in your state say for your facts, with citations.
Plain-English summary
The Commission said the Alabama Canons did not prohibit a judge from asking attorneys and friends for help seeking appointment as a federal judge.
The judge still had to observe political-activity, public-confidence, decorum, and special-influence limits under Canons 7 and 2. The opinion expressly bars using court personnel or state-purchased resources such as stationery or telephone for those contacts.
Currency note
This opinion was issued in 1993, 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 ask attorneys and friends for help?
A: Yes. The Commission found no categorical prohibition.
Q: May the judge use court staff or state stationery?
A: No. The opinion specifically prohibits those resources for the contacts.
Background and rules framework
The opinion cites Canon 7 and Canons 2A, 2B, and 2C for the limits on seeking appointment.
Citations and references
Alabama Canons of Judicial Ethics:
- Canon 7, Canon 2A, Canon 2B, Canon 2C.
See also
Source
- Landing page: Alabama JIC advisory opinions
- Original PDF: Advisory Opinion 93-472
- Canon history: Alabama JIC, Canons of Judicial Ethics
Original opinion text
Reproduced from the official source for research purposes. The linked source is authoritative.
93-472
Judicial Inquiry Commission
800 SOUTH MCDONOUGH STREET
SUITE 201
MONTGOMERY, ALABAMA 36104
February 26, 1993
This is in response to your request for an advisory opinion from the Judicial Inquiry Commission. It is the opinion of this Commission that the Alabama Canons of Judicial Ethics do not prohibit a judge from soliciting the advice and assistance of attorneys and friends in seeking to obtain an appointment as a federal judge. In so doing, the judge should be mindful of the admonitions of Canon 7 governing political campaign conduct; “should respect and comply with the law and should conduct himself at all times in a manner that promotes public confidence in the integrity and impartiality of the judiciary;” “should at all times maintain the decorum and temperance befitting his office and should avoid conduct prejudicial to the administration of justice which brings the judicial office into disrepute;” and “should [not] convey or permit others to convey the impression that they are in a special position to influence him.” Canons 2A, 2B, and 2C. In contacting his attorneys and friends, the judge should not use any court personnel or state-purchased property, such as office stationery or telephone. This advisory opinion has been approved and adopted by the Judicial Inquiry Commission and is the opinion of this Commission.
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