May a judge accept a smoked turkey from a lawyer practicing in the judge’s circuit?

Plain-English summary

A judge asked about accepting a smoked turkey from a lawyer or law firm that practiced locally. The Commission said Canon 5C(4) barred gifts reflecting an expectation of judicial favor, and Canon 2 required avoiding even an appearance of impropriety.

It contrasted an ordinary holiday gift with the same gift offered by a lawyer who currently had a case before the judge, which could appear to seek favor. The judge must consider the nature, timing, and surrounding circumstances. The same approach applies to a gift from a clerk or confidential employee.

Currency note

This opinion was issued in 1994, 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: Is every gift from a lawyer forbidden?

A: No. The opinion allows a gift that neither suggests expected judicial favor nor creates an appearance of impropriety.

Q: Does timing matter?

A: Yes. The Commission contrasts a holiday gift with one from a lawyer during a pending case.

Q: Do the same principles apply to court staff gifts?

A: Yes. The opinion says the guidelines also apply to clerks and confidential employees.

Background and rules framework

The opinion applies Canon 5C(4)’s gift rule and Canon 2’s appearance standard.

Citations and references

Alabama Canons of Judicial Ethics:

• Canon 5C(4), Canon 2.

See also

• AL Judicial Ethics Op. 94-518: Computer Gifts

Source

• Landing page: Alabama JIC advisory opinions
• Original PDF: Advisory Opinion 94-514
• Canon history: Alabama JIC, Canons of Judicial Ethics

Original opinion text

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

94-514
Judicial Inquiry Commission
800 SOUTH MCDONOUGH STREET
SUITE 201
MONTGOMERY, ALABAMA 36104
January 28, 1994
This is in response to your request for an advisory opinion from the Judicial Inquiry Commission. Your request is whether it is unethical for you to accept a gift of a smoked turkey from a lawyer or firm practicing in your circuit. Canon 5C(4) provides: “Neither a judge nor a member of his family residing in his household should accept a gift, bequest, favor, or loan from anyone if it reflects expectation of judicial favor.” Canon 2 requires a judge to avoid even the appearance of impropriety. Judges and their families may accept “ordinary social hospitality,” as well as gifts and favors from relatives. J. Shaman, S. Lubet, J. Alfini, Judicial Conduct and Ethics § 7.28 at 200 (1990). Under the Alabama Canons of Judicial Ethics a judge may accept a gift from an attorney who practices before the judge where the gift does not reflect expectation of judicial favor and where the gift does not create the appearances of impropriety. In deciding whether or not to accept a gift, the judge should consider the nature of the gift as well as the circumstances under which and the time when the gift was given. For example, the gift of a smoked turkey at Christmas may not violate any Canon of Judicial Ethics. However, the gift of that same turkey on another date by an attorney who has a case pending before the judge may very well have all the appearances of an attempted bribe or an attempt to curry the judge’s favor. The decision whether or not to accept the gift is one which must be made by the judge on a case by case basis after a consideration of all the surrounding circumstances. These same guidelines apply where the gift is from a clerk or confidential employee. This opinion has been considered by and is the opinion of the Judicial Inquiry Commission.