Is a judge disqualified when a party’s lawyer also represents someone suing the judge’s spouse?

Short answer Opinion 95-588 concludes that the judge is disqualified on those facts and applies its earlier rulings treating the judge and spouse as one for attorney-relationship disqualification.
Bar
JUDICIAL-AL
Issued
December 8, 1995

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This page answers the general question as of 1995. Ask about yours and see what the current rules of professional conduct in your state say for your facts, with citations.

Disclaimer: Advisory only. Not binding precedent.
About this page: The plain-English summary, reader guidance, and Q&A below were written by Ezel based on the official ethics opinion. The original opinion (linked on this page as a PDF) is the authoritative source for any reliance.
View original ethics opinion (PDF)

Plain-English summary

The request asks about a case in which a party’s attorney also represents an individual suing the judge’s spouse in unrelated litigation.

The Commission concludes that the judge is disqualified. It invokes earlier opinions disqualifying a judge when a party’s attorney also represents an opponent suing the judge, and says the judge and spouse stand as one when evaluating disqualification based on the relationship with that attorney.

Currency note

This opinion was issued in 1995, 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: Does it matter that the other lawsuit is unrelated?

A: No. The Commission applies its prior decisions about unrelated litigation and concludes that the judge is disqualified on these facts.

Q: How does the opinion treat the judge’s spouse?

A: It says the judge and spouse stand as one when disqualification turns on the relationship with the attorney.

Background and rules framework

The opinion relies on Advisory Opinions 88-337 and 89-373 concerning an attorney representing a judge’s opposing litigant, and Opinion 88-336 concerning the judge’s spouse. It does not cite a specific Canon.

Citations and references

Other opinions cited:

  • Alabama JIC Opinions 88-337 and 89-373, an attorney for the judge’s opposing litigant; Opinion 88-336, spouse relationship.

See also

Source

Original opinion text

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

95-588
Judicial Inquiry Commission
800 SOUTH MCDONOUGH STREET
SUITE 201
MONTGOMERY, ALABAMA 36104
December 8, 1995
The Judicial Inquiry Commission has considered your request for an advisory opinion as to whether a judge is disqualified from sitting in a case where a party is represented by an attorney who is also representing another individual who is suing the judge’s spouse in unrelated litigation. It is the opinion of the Commission that the judge is disqualified from sitting in a case where one of the parties is represented by an attorney who also represents another individual who has brought suit against the judge’s spouse. The Commission has previously held that a judge is disqualified from sitting in a case where one of the parties is represented by an attorney who also represents a party opponent to the judge in unrelated litigation. See Advisory Opinions 88-337 and 89-373. In determining disqualification due to relationship with an attorney, the judge and his spouse stand as one. Advisory Opinion 88-336. Sincerely, JUDICIAL INQUIRY COMMISSION

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