Did a district attorney's television endorsement disqualify the elected judge from local criminal cases?

Plain-English summary

A newly elected circuit judge had been endorsed by the local district attorney in a campaign-paid television advertisement. The endorsement praised the candidate's fairness, efficiency, and prior prosecution experience.

The Commission concluded that the district attorney's endorsement by itself did not disqualify the judge from criminal cases. Alabama judges were elected through campaigns, and prior opinions likewise rejected automatic recusal from ordinary campaign support or a lawyer's campaign role.

The opinion preserved a case-specific limit: additional circumstances could cause a reasonable person to question impartiality under Canon 3C(1). The Commission found no such facts in the request before it.

Currency note

This opinion was issued in 1999, 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: Did the endorsement automatically bar the judge from criminal cases?

A: No. The Commission found no disqualifying circumstance in the submitted facts.

Q: Could campaign ties ever support recusal?

A: Yes. The opinion said additional facts could reasonably question impartiality in a particular case.

Background and rules framework

Alabama Canon 3C(1) governed recusal when impartiality might reasonably be questioned. The opinion also noted Canon 7's recognition of elected judges and compared endorsement with earlier campaign-support opinions.

Citations and references

The opinion cites Alabama Canons 3C(1) and 7A(1), Advisory Opinions 84-213, 84-227, 91-420, 93-511, and 96-607, and Judicial Conduct and Ethics § 11.12 (2d ed. 1995).

See also

• AL Judicial Ethics Op. 91-420: Campaign Treasurer as Counsel

• AL Judicial Ethics Op. 96-607: Campaign Contributions and Recusal

Source

• Landing page: Alabama JIC advisory opinions

• Original PDF: Advisory Opinion 99-717

• Canon history: Alabama JIC, Canons of Judicial Ethics

Original opinion text

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

JUDICIAL INQUIRY COMMISSION
DATE ISSUED: January 13, 1999 ADVISORY OPINION 99-717
DISQUALIFICATION DUE TO POLITICAL
ENDORSEMENT
ISSUE
Is a circuit judge disqualified from sitting in
criminal cases because the local district
attorney endorsed her candidacy in a political
advertisement in her campaign for judicial
office? Answer: No, not under the facts
presented.
FACTS
A newly elected circuit judge was endorsed
by the local district attorney in a television
advertisement paid for by the candidate's
campaign organization. The district attorney
stated in the advertisement that "law
enforcement needs a circuitjudge who will be
fair to all, who will work hard to move the
cases, and will ensure swift and sure justice
for everyone." The district attorney also
stated that, due to the candidate's prior
experience as a prosecutor, the candidate
would not need to be taught. The
advertisement concluded with a narrator's
statement that the candidate was best qualified
for the judicial position.
DISCUSSION
This question is governed by Canon 3C(1) of
the Alabama Canons of Judicial Ethics. In
pertinent part, this canon requires
disqualification whenever the judge's
impartiality might be reasonably questioned.
In addition, Canon 7 recognizes that judges in
this State are subject to election in political
campaigns.
"All ethics advisory panels which have
addressed this question agree that per se
disqualification is unnecessary. Some
opinions, however, caution that ajudge should
look at each case where an endorser appears to
determine if factors beyond the mere public
support of the judge's candidacy militate in
favor of disqualification." J. Shaman et aI.,
Judicial Conduct andEthics §11.12 at 383 (2d
ed.1995).
In Advisory Opinion 84-213, the Commission
concluded that the mere fact that a party to a
proceeding had made a contribution to the
judge's campaign and generally supported the
judge's candidacy did not cause the judge to
be disqualified. The Commission also
concluded that the addition of other factors
might cause the judge's impartiality to be
reasonably questioned, depending on the
totality ofthe circumstances in the particular
case. See also, Advisory Opinions 84-227 and
96-607.
In Advisory Opinion 91-420, the Commission
held that the mere fact that a party is
represented by the judge's reelection
campaign treasurer or a member ofthejudge's
reelection advisory committee does not cause
disqualification of the judge. The
Commission cautioned that a judge must be
ever mindful that political entanglements do
not become involved or appear to become
involved in judicial decisions. See also,
Advisory Opinion 93-511.
It is the opinion of the Commission that the
mere fact that the local district attorney
endorsed thejudge in a political advertisement
in the judge's campaign for office does not
OPINION 99-717
PAGE 2
cause the judge to be disqualified to sit in
criminal cases. However, additional
circumstances might exist which might cause
the judge's impartiality to be reasonably
questioned and, thus, require disqualification.
The Commission does not find any
disqualifying circumstances in the facts
presented for its consideration in this case.
REFERENCES
Alabama Advisory Opinions 84-213, 84-227,
91-420,93-511, and 96-607.
Alabama Canons of Judicial Ethics, Canons
3C(l) and 7A(l).
J. Shaman et aI., Judicial Conduct and Ethics
§11.12 (2d ed. 1995).
This opinion is advisory only and is based on
the specific facts and questions submitted by
the judge who requested the opinion pursuant
to Rule 17 of the Rules of Procedure of the
Judicial Inquiry Commission. For further
information, you may contact the Judicial
Inquiry Commission, 800 South McDonough
Street, Suite 201, Montgomery, Alabama
36104; tel.: (334) 242-4089; fax: (334) 240­
3327; e-mail: [email protected].