May an active retired judge serving part time consult for the county on jail programs?

Plain-English summary

A retired judge assigned part time to criminal cases proposed paid county consulting on jail detainees and the implementation of a county program.

The Commission permitted the consulting role. Under the Canons’ compliance section, part-time active retired judges were exempt from specified outside-interest and governmental-position restrictions, including Canons 5C(3) and 5G.

The Commission conditioned its answer on avoiding assigned cases where the judge had personal or ex parte knowledge from the consulting work.

Currency note

This opinion was issued in 1997, 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: Could the judge accept the paid consulting role?

A: Yes. The Commission found the described part-time active retired service compatible with that role.

Q: Did all Canons cease to apply to the retired judge?

A: No. The opinion identified specific exemptions for part-time active retired judges.

Q: Which cases posed a problem?

A: The judge had to avoid assigned cases involving personal or ex parte knowledge obtained as consultant.

Background and rules framework

The opinion applied Compliance section D(2) of the Alabama Canons, which excepted certain provisions, including Canons 5C(3), 5G, and 6C, for active retired judges serving part time.

Citations and references

Alabama Canons of Judicial Ethics, Compliance section D(2); Canons 5C(3), 5G, and 6C.

See also

• AL Judicial Ethics Op. 96-609: Retired Judge Detention Consultant

• AL Judicial Ethics Op. 87-308: Retired Judge on County Board

Source

• Landing page: Alabama JIC advisory opinions

• Original PDF: Advisory Opinion 97-671

• Canon history: Alabama JIC, Canons of Judicial Ethics

Original opinion text

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

97-671
Judicial Inquiry Commission
800 SOUTH MCDONOUGH STREET
SUITE 201
MONTGOMERY, ALABAMA 36104
October 3, 1997
The Judicial Inquiry Commission has considered your request for an opinion concerning whether, under the Alabama Canons of Judicial Ethics, a retired judge, who is assigned to assist in the disposition of criminal cases in a Circuit, may serve as a consultant for the county in which he serves as an active retired judge. The duties of the consultant would be to serve as a non-judicial consultant periodically monitoring the status of persons being detained in the Jefferson County jails; reviewing and evaluating a list of detainees in the Jefferson County Jail, facilitating the successful implementation and operation of the “Break the Cycle” program, and consulting and coordinating with and serving as advisor to the County Commission with regard to these and other jail issues. The retired judge would receive remuneration for his services as consultant and advisor. It is the opinion of the Commission that the Canons of Judicial Ethics do not prohibit such service. The judge must, of course, take care that cases assigned to him do not include those in which he has gained personal knowledge or ex parte knowledge while serving as the consultant. The Compliance section of the Alabama Canons of Judicial Ethics provides for the applicability of certain canons to active retired judges serving on a part-time basis. Section D(2) provides “Retired and supernumerary justices or judges, who are serving part-time on the Supreme Court or on either of the courts of appeals or on any circuit court or district court in the state, in an active duty status shall be required to comply with all of the Canons, except Canon 5C(3), D, E, F, G, and Canon 6C.” By excepting Canons 5C(3) and G from application to part-time retired active judges, such judges are not required to manage their extra judicial financial interests to “minimize the number of cases in which he would be disqualified” and are free to accept appointments to governmental committees, commissions, or other positions concerned with issues of fact or policy. Since the judge considered here is a part-time active circuit judge, he is free to accept the position as consultant. Yours very truly, JUDICIAL INQUIRY COMMISSION