May a judge write a requested letter to a judicial panel recommending an attorney for a circuit judgeship?

Plain-English summary

An attorney asked a judge to recommend the attorney to a judicial panel for appointment to a circuit judgeship.

The Commission said Canon 2C's limit on lending judicial prestige to private interests did not categorically bar a letter conveying personal information about someone's experience, character, or ability. Canon 4 encouraged judges to help improve the legal system.

The Commission concluded that a judge could write the requested letter. It viewed the judge's insight as a contribution to judicial selection and the administration of justice, and also noted Canon 7A's allowance for activities connected with judicial candidates.

Currency note

This opinion was issued in 1998, 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 write the recommendation?

A: Yes. The Commission permitted a requested letter to the judicial panel.

Q: Did Canon 2C ban every recommendation letter?

A: No. Its commentary said a letter disclosing personal information about experience, character, or ability was not barred per se.

Q: Why did Canon 4 matter?

A: The Commission regarded judicial selection as part of improving the administration of justice.

Background and rules framework

The opinion read Alabama Canons 2C and 4 together: the prestige restriction and the judge’s ability to improve the administration of justice. It also observed Canon 7A’s permission for judicial-candidate campaign activity.

Citations and references

Alabama Canons 2C, 4, and 7A, including commentary to Canons 2C and 4.

See also

• AL Judicial Ethics Op. 83-180: Attorney Directory Recommendations

• AL Judicial Ethics Op. 92-448: Confidential Lawyer Recommendation

Source

• Landing page: Alabama JIC advisory opinions

• Original PDF: Advisory Opinion 98-689

• Canon history: Alabama JIC, Canons of Judicial Ethics

Original opinion text

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

98-689
Judicial Inquiry Commission
800 SOUTH MCDONOUGH STREET
SUITE 201
MONTGOMERY, ALABAMA 36104
January 23, 1998
The Judicial Inquiry Commission has considered your request for an advisory opinion whether a judge may write a letter to a judicial panel, at the request of an attorney, recommending that attorney for appointment to the circuit bench. This question is governed primarily by Canons 2C and 4 of the Alabama Canons of Judicial Ethics. Canon 2C contains the following provision:
[A judge] should not lend the prestige of his office to advance the private interests of others; nor should he convey or permit others to convey the impression that they are in a special position to influence him. He should not testify voluntarily as a character witness at any hearing before any court, or judicial or governmental commission. The Commentary to Canon 2C explains that this canon “does not per se prohibit a judge from writing a letter of recommendation disclosing personal information of someone’s experience, character or ability.” Canon 4 generally provides that a judge may engage in activities to improve the legal system and the administration of justice; the Commentary to this canon notes that a judge is in a unique position to contribute to the improvement of the administration of justice, and is encouraged to do so to the extent that his time permits. The Commission also observes that Canon 7A permits a judge to engage in campaign activities in connection with a candidate for a judicial office. It is the opinion of the Commission that a judge may, at the request of an attorney, write a letter to a judicial panel recommending such attorney for appointment to judicial office. A judge is uniquely able to contribute insight to the judicial selection process and, thus, to the administration of justice. Canon 4 encourages judges to participate in improvements in the administration of justice. Yours truly, JUDICIAL INQUIRY COMMISSION