May a judge preside over medical liability cases involving a hospital sued by the judge’s former wife on the child’s behalf?

Plain-English summary

The judge’s former wife had sued a local hospital on her own behalf and on behalf of their infant daughter. The hospital frequently appeared as a litigant before the judge.

The Commission found reasonable grounds to question impartiality under Canon 3C(1) and an appearance issue under Canon 1. It held the disqualification could not be remitted and distinguished an earlier opinion involving a mother-in-law’s separate lawsuit against a national insurer in another circuit.

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: What proceedings did the Commission exclude the judge from?

A: It said the judge was disqualified from any medical liability case in which the hospital was a party.

Q: Could the disqualification be remitted?

A: No. The opinion expressly says it may not be remitted.

Background and rules framework

The opinion invokes Canon 3C(1) and Canon 1 and distinguishes Alabama JIC Opinion 93-477.

Citations and references

Alabama Canons of Judicial Ethics:

• Canon 3C(1), Canon 1.

Other opinions cited:

• Alabama JIC Opinion 93-477, concerning a mother-in-law’s lawsuit against an insurer in another judicial circuit.

See also

• AL Judicial Ethics Op. 94-534: Brother’s Firm

Source

• Landing page: Alabama JIC advisory opinions
• Original PDF: Advisory Opinion 94-531
• Canon history: Alabama JIC, Canons of Judicial Ethics

Original opinion text

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

94-531
Judicial Inquiry Commission
800 SOUTH MCDONOUGH STREET
SUITE 201
MONTGOMERY, ALABAMA 36104
August 26, 1994
This is in response to your request for an advisory opinion from the Alabama Judicial Inquiry Commission. Your question is whether you should recuse yourself under the following circumstances. Your former wife has filed a professional liability complaint in circuit court against a local hospital on her own behalf individually and on behalf of your infant daughter. The incident upon which she bases the claim occurred after the divorce. Your ex-wife was granted exclusive custody of your daughter. The hospital appears frequently as a litigant in your court. It is the opinion of this Commission that these facts do provide cause for which your impartiality might reasonably be questioned under Canon 3C(l) and do give rise to the appearance of impartiality under Canon 1, Alabama Canons of Judicial Ethics. This disqualification may not be remitted. We distinguish the factual situation presented here with that presented in Advisory Opinion 93-477. In that opinion, this Commission held that the mere fact a judge’s mother-in-law has filed, in a judicial circuit other than the judge’s, a bad faith refusal-to- pay law suit against a certain insurance company does not provide cause for which the judge’s impartiality might reasonably be questioned under Canon 3C (1) or give rise to the appearance of impartiality under Canon 1 where the judge presides over a separate bad faith refusal-to-pay law suit against that same insurance company. Here, the civil action has been filed on behalf of your child, has been filed in your judicial circuit, and has been filed against a particular hospital and not a national company. Under these circumstances you are disqualified to preside over any medical liability case in which the hospital is a party. This advisory opinion has been considered by and is the opinion of the entire Commission.