Could a judge join a host committee for benefit banquets supporting three ministry organizations?

Plain-English summary

A judge was invited to host benefit banquets for Justice Fellowship, Prison Fellowship of Alabama, and Neighbors Who Care. The role included advising and representing the organizations, lending a name to invitations, hosting tables, obtaining church support, making a contribution, and recruiting other committee members.

The Commission rejected the role based on the totality of those obligations. It identified likely impartiality concerns, possible pressure to act as a legal advisor, and use of judicial prestige to seek money or other support under Canons 5B and 2C.

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 accept this host-committee position?

A: No. The Commission rejected the combination of duties as described.

Q: Was the result based on simply attending a banquet?

A: No. The opinion focused on advocacy, advice, representation, fundraising support, and recruiting obligations.

Background and rules framework

Alabama Canon 5B limited outside civic and charitable work that could affect impartiality or judicial duties, and Canon 2C guarded against lending judicial prestige to others' interests. The Commission applied both to the host committee's full set of duties.

Citations and references

The opinion cites Alabama Canons 5B and 2C.

See also

• AL Judicial Ethics Op. 99-733: Inmate Mothers Board

• AL Judicial Ethics Op. 00-747: Women's Fund Informational Meeting

Source

• Landing page: Alabama JIC advisory opinions

• Original PDF: Advisory Opinion 98-712

• Canon history: Alabama JIC, Canons of Judicial Ethics

Original opinion text

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

98-712
Judicial Inquiry Commission
800 SOUTH MCDONOUGH STREET
SUITE 201
MONTGOMERY, ALABAMA 36104
November 13, 1998
The Judicial Inquiry Commission has considered your request for an advisory opinion whether a judge may serve on the host committee for benefit banquets to be held for the Justice Fellowship, Prison Fellowship of Alabama, and Neighbors Who Care. The core issue for the Justice Fellowship has been stated to be protection of religious liberty following the decision of the United States Supreme Court in Bourne, including passage of the Religious Freedom Restoration Act. Prison Fellowship activities include an in- prison evangelistic program. Neighbors Who Care provides ministry to crime victims, including crisis response teams and a homicide clean up program. Host Committee members are expected to, inter alia, serve as advisors, advocates, and representatives for these three organizations; lend the use of their names to banquet invitations and programs; serve as hosts at their tables at the banquets to help develop relationships; participate in ministry opportunities; obtain church support and involvement; make a financial contribution to the cost of the banquets; and, recruit other committee members. It is the opinion of the Commission that a judge may not serve as a member of the host committee described. This conclusion is based upon consideration of the totality of obligations accepted by a host committee member, and the restrictions in Canons 5B and 2C of the Alabama Canons of Judicial Ethics. The Commission is particularly concerned with duties of a host committee member that appear likely to reflect adversely on the judge’s impartiality and thus cause disqualification from cases coming before her, that may call upon the judge to be a legal advisor, and that may lend the prestige of the judge’s office to the solicitation of funds or other support for the organizations involved. Yours truly, JUDICIAL INQUIRY COMMISSION