May a judge join a local junior college marketing advisory council?

Plain-English summary

A local junior college asked the judge to join a council that would suggest marketing ideas, assess the college’s image, help identify prospective students, and review recruitment and marketing plans.

The Commission said the judge may serve if the activities stay within Canon 5B. The opinion quotes that Canon’s limits concerning proceedings involving the institution, fundraising through judicial prestige, and investment advice.

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 condition did the Commission place on membership?

A: The judge may serve only within Canon 5B’s restrictions.

Q: Did the opinion address fundraising?

A: It quotes Canon 5B’s caution against soliciting funds or using the prestige of judicial office for that purpose.

Background and rules framework

Canon 5B permits certain civic and educational activities if they do not reflect adversely on impartiality or interfere with judicial duties, subject to the limits quoted in the opinion.

Citations and references

Alabama Canons of Judicial Ethics:

• Canon 5B.

See also

• AL Judicial Ethics Op. 94-536: Bailiff’s Spouse

Source

• Landing page: Alabama JIC advisory opinions
• Original PDF: Advisory Opinion 94-533
• Canon history: Alabama JIC, Canons of Judicial Ethics

Original opinion text

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

94-533
Judicial Inquiry Commission
800 SOUTH MCDONOUGH STREET
SUITE 201
MONTGOMERY, ALABAMA 36104
December 9, 1994
This is in response to your request for an advisory opinion from the Judicial Inquiry Commission. Your question is whether you may be a member of the “Marketing Advisory Council” of a local junior college. You have included in your request correspondence from the junior college which states: “The responsibilities of the Advisory Council Members are to include the following:

1. Provide ideas and suggestions for marketing the College;
2. Assess [the college’s] image in the community and offer
   suggestions for improving the image of the College;
3. Help identify prospective students and determine
   recruitment strategies;
4. Evaluate current marketing activities;
5. Provide input for future marketing plans.”
   Canon 5B, Alabama Canons of Judicial Ethics provides: “A judge may participate in civic and charitable activities that do not reflect adversely upon his impartiality or interfere with the performance of his judicial duties. A judge may serve as an officer, director, trustee, or nonlegal advisor of an educational, . . . organization or institution not conducted for the economic or political advantage of its members, subject to the following limitations: (1) A judge should not serve if it is likely that the organization or institution will be engaged in proceedings that would ordinarily come before him or will be regularly engaged in adversary proceedings in any court. (2) It is desirable that a judge not solicit funds for any educational, . . . organization or institution, or use or permit the use of the prestige of his office for that purpose, but he may be listed as an officer, director, or trustee of such an organization or institution. 94-533 Page 2 (3) A judge should not give investment advice to such an organization or institution, but he may serve on its board of directors or trustees even though it has the responsibility for approving investment decisions.” Therefore, it is the opinion of this Commission that a judge may serve as a member of the “Marketing Advisory Council” of a local junior college if the judge can do so within the restrictions imposed by Canon 5B. This opinion has been approved by and is the opinion of the entire Commission.