Must a judge recuse when the judge’s part-time bailiff is married to a lawyer in a party’s law firm?

Plain-English summary

A part-time bailiff could be assigned among several judges, and the bailiff’s spouse practiced at a local law firm. The judge asked about proceedings involving that firm.

The Commission concludes that Canon 3C(l) disqualifies the judge when the spouse’s firm represents a party, and says this disqualification cannot be remitted. It adds that the conflict can be avoided by reassigning the bailiff to another judge for all duties connected with that proceeding.

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: Can the parties waive the conflict while the bailiff serves the judge?

A: No. The Commission says the disqualification is not remittable.

Q: Does reassigning the bailiff change the result?

A: Yes. The opinion says reassignment to another judge for all duties in that proceeding avoids the disqualification.

Background and rules framework

The opinion applies Canon 3C(l) and follows earlier Commission opinions on a bailiff or clerk’s family relationship to counsel.

Citations and references

Alabama Canons of Judicial Ethics:

• Canon 3C(l).

Other opinions cited:

• Alabama JIC Opinions 83-90 and 85-231, law-firm relationships involving court staff.

See also

• AL Judicial Ethics Op. 95-565: Cousin’s Law Firm
• AL Judicial Ethics Op. 95-545: Nephew’s Office

Source

• Landing page: Alabama JIC advisory opinions
• Original PDF: Advisory Opinion 94-536
• Canon history: Alabama JIC, Canons of Judicial Ethics

Original opinion text

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

94-536
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 involves a judge’s potential disqualification due to a part- time bailiff who is married to an attorney in a local law firm. It is the opinion of this Commission that under Canon 3C(l), Alabama Canons of Judicial Ethics, that a judge must disqualify him or herself from sitting in any proceeding in which the firm of the judge's bailiff’s spouse represents a party. That disqualification may not be remitted. In Advisory Opinion 83-90, this Commission held that a judge is disqualified under Canon 3C(l) from sitting in any proceeding in which the firm of the bailiff-law clerk’s spouse represents a party. See also 85-231 holding that a judge is disqualified from sitting in any proceeding in which the law firm of the judge’s clerk- bailiff’s brother represents a party if the brother participates in any way in the proceedings. In your situation, the bailiff will work part-time and can be assigned to any of the three circuit and two district judges in the circuit. Disqualification of the judge may be avoided simply by reassigning the bailiff to another judge for all duties in connection with the proceeding in which the firm of the bailiff’s spouse represents a party. This opinion has been approved by and is the opinion of the entire Commission.