Must a judge recuse from a criminal case prosecuted by the judge’s nephew?
Apply this to your situation
This page answers the general question as of 1997. Ask about yours and see what the current rules of professional conduct in your state say for your facts, with citations.
Plain-English summary
A judge asked whether a nephew's role as prosecutor in a criminal case required recusal.
The Commission said yes. It cited its consistent position that a lawyer for any party related to the judge within the fourth degree creates disqualification under Canon 3C, regardless of the type of proceeding.
Because this ground arose under the relationship clause printed as Canon 3C(l)(d), the Commission said disqualification could be remitted if Canon 3D's procedure was followed.
Currency note
The Alabama Supreme Court adopted the Canons of Judicial Ethics in 1975. This 1997 ruling is historical context; verify the current Canons and later opinions.
Common questions
Q: Did the nephew’s role require recusal?
A: Yes. The Commission said a lawyer-relative within the fourth degree disqualified the judge.
Q: Did the criminal nature of the case alter the rule?
A: No. The opinion said the nature of the proceeding did not affect that disqualification.
Q: Could the disqualification be remitted?
A: Yes, under the procedure in Canon 3D.
Background and rules framework
The opinion applied Alabama Canon 3C’s relationship rule, citing Advisory Opinion 95-546, and identified Canon 3D’s remittal procedure. The source prints the parenthesized character in 3C(l)(d) as a lowercase letter.
Citations and references
Alabama Canons 3C, 3C(l)(d), and 3D, as printed; Advisory Opinion 95-546.
See also
Source
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Landing page: Alabama JIC advisory opinions
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Original PDF: Advisory Opinion 97-664
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Canon history: Alabama JIC, Canons of Judicial Ethics
Original opinion text
Reproduced from the official source for research purposes. The linked source is authoritative.
97-664
Judicial Inquiry Commission
800 SOUTH MCDONOUGH STREET
SUITE 201
MONTGOMERY, ALABAMA 36104
August 15, 1997
The Judicial Inquiry Commission has considered your request for an advisory opinion regarding a judge’s obligation to recuse himself or herself from hearing criminal cases prosecuted by a nephew. It is the opinion of the Commission that a judge is disqualified from hearing a criminal case prosecuted by a nephew, although the disqualification is subject to remittal. In Advisory Opinion 95-546, the Commission observed that it has been its consistent opinion ... that a judge is disqualified under Canon 3C of the Canons of Judicial Ethics in any proceeding in which an attorney for one of the parties is related to the judge within the fourth degree of consanguinity or affinity. The nature of the proceeding does not affect this disqualification.Id. Because the disqualification arises from Canon 3C(l)(d), it is subject to remittal provided the procedure in Canon 3D is followed. Very truly yours,
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