Alabama Judicial Inquiry Commission Ethics Opinions
Free plain-English summaries of legal ethics opinions issued by the Alabama Judicial Inquiry Commission, with full citations and source links on every page.
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Does a spouse’s checking account at a bank party automatically disqualify a judge?
No. The Commission applied its answer about the judge’s own account to the spouse’s account: recusal is required if the account could be substantially affected by the case outcome, with remission…
Does a judge’s checking account at a bank disqualify the judge from every case involving that bank?
No. A bank customer relationship alone does not require recusal from every case involving the bank; disqualification arises if the account or relationship could be substantially affected by the…
Must a judge step aside when a bank party employs the judge’s cousin as a vice president?
Yes, when the cousin is within the prohibited degree and an officer of the bank party. The opinion also covers a cousin likely to be a material witness in a transaction at issue, and describes…
Must a former Governor’s legal adviser recuse because the current legal adviser or deputy appears as counsel?
No. The Commission said shared government service alone did not disqualify the judge when those lawyers represented the Governor or the Governor’s office.
Must a judge recuse from a case involving a person the judge previously prosecuted in a different matter?
No, if the present case does not involve the earlier offense or facts. Recusal is required if it does, or if facts learned in the prosecution reasonably call impartiality into question.
Must a judge recuse whenever an appearing lawyer was previously prosecuted by the judge?
No. The prior prosecution to mistrial alone did not require recusal, but the judge must examine whether facts learned in that prosecution would make impartiality reasonably questionable.
Does a former Governor’s legal adviser have to recuse from a staff or cabinet case filed after taking the bench?
No automatic recusal arises from the former role alone. The Commission’s answer assumed no personal bias and no relevant inside knowledge from the Governor’s office.
Must a former Governor’s legal adviser recuse from a pending case involving a staff or cabinet member who is a party in an official role?
Yes. The Commission required recusal when the case was pending during the judge’s service as Legal Advisor, even without the judge’s knowledge or advice about it.
Is a judge automatically disqualified from a case involving the Governor filed after the judge left the Governor’s legal office?
No. The former adviser role alone did not disqualify the judge in a later case, assuming no personal bias and no knowledge of facts or considerations from the Governor’s office concerning it.
Must a new judge recuse from a case involving the Governor that was pending while the judge was the Governor’s legal adviser, even without personal involvement?
Yes. The Commission required recusal in the pending case despite the judge’s lack of knowledge or advice about it.
May a judge advise a public works and airport development project and receive state-paid travel expenses?
The Commission said the advisory role was discouraged but not prohibited under the stated facts, provided the judge gave no legal advice and the role did not interfere with judicial duties. It…
May a judge give a law student a character affidavit for bar admission?
Yes, unless the judge knows of litigation in which the student is involved or likely to become involved. The Commission applied Canon 2C and its commentary.
Must a judge recuse when the judge’s spouse is related by adoption within the fourth degree to a party’s lawyer?
Yes. The Commission required recusal when the lawyer was the wife’s adoptive father or his brother. It declined to interpret the separate judicial administration rule and said a disqualified judge…
Does Opinion 89-355 still require a municipal judge to resign when running for nonjudicial office?
No. The Commission withdrew this opinion on May 31, 1991. Later Opinion 94-525 expressly says its resignation conclusion for municipal judges was erroneous; it discusses the governing constitutional…
Could a part-time active retired circuit judge who accepted occasional assignments practice law?
Yes, under the Compliance Section discussed in the 1989 opinion. The Commission advised avoiding legal work likely to produce disqualification in circuits where the retired judge expected assignments.
Must a judge recuse whenever an assistant city attorney from the spouse’s office represents the city?
No automatic recusal follows from an assistant’s appearance. The judge must determine at the outset whether the spouse participated directly as counsel or actively directed that particular case; if…
Did a secretary’s distant relative or a former custody adversary require the judge’s recusal?
The distant relative did not require recusal by itself. The former adversarial relationship could reasonably raise impartiality concerns, but the Commission said elapsed time plus written party and…
Did a judge’s proposed financial winddown of a former law firm violate the Alabama Canons?
The Commission found no violation under the described plan, which included transfer of the firm interest and recusal from former firm matters while remaining ties continued.
Does a judge’s earlier role as fact finder in a capital murder sentencing automatically disqualify the judge on retrial?
No. The Commission said the prior judicial role alone did not require recusal on a second or third retrial, citing Canon 3C and the Alabama Whisenhant decisions.
Must a judge recuse in a custody case involving a secretary’s distant relative or a former litigation adversary?
Opinion 88-349 found no disqualification from the secretary’s distant family connection alone, but said Canon 3C required disqualification in the former-adversary situation presented.
Where may a part-time municipal judge practice law, and may the judge handle cases involving municipal police or ordinances?
The Commission barred practice before the judge’s own court and representation involving an ordinance within that court’s jurisdiction. It permitted unrelated criminal defense work in other courts…
Must a judge recuse from every case involving the Department of Human Resources because the judge’s spouse works there?
No. The Commission required recusal when the spouse was personally involved, likely to be a material witness, or likely to receive a known direct or indirect benefit; agency employment alone did not…
May a part-time municipal judge defend a criminal case involving the municipality’s police in another court?
The Commission reaffirmed that a part-time municipal judge may defend criminal cases in other courts even when municipal officers testify, unless the matter or a closely related one has come or is…
Must a judge recuse from all criminal cases because the judge’s brother is an assistant district attorney?
No. The Commission said the brother’s employment alone did not disqualify the judge from every criminal case, but recusal was required when the brother directly participated or appeared for the…
Does Canon 3B(4) bar a probation officer from hiring a judge’s sister-in-law when the judge supervises the office?
The Commission found no Canon 3B(4) violation because the chief probation officer, rather than the judge, had appointing authority.
Must a judge recuse from a divorce proceeding when a party sits on a housing authority that pays rent to the judge’s company?
Yes. The Commission found that the beneficial financial relationship between the authority and the judge’s wholly owned company could reasonably call impartiality into question.
Must a judge recuse when a city is a party and the judge’s brother-in-law serves on its council?
Yes. The Commission treated the council member as an officer of the city and required disqualification whenever the city was a party, whether the case was civil or criminal.
May a part-time municipal judge continue serving while the judge’s father represents the city in a separate case?
On the stated facts, the Commission found no violation of the Alabama Canons where the father’s fee and the judge’s salary did not become assets of their law firm.
Must a municipal judge recuse from charges against individuals after a police raid on a country club in which the judge owns shares?
Yes. The Commission said the outcome of the individual cases could substantially affect the judge’s interest in the club, even though no charges had yet been filed against the club itself.
May a judge lease jointly owned property to a DUI school that receives fee-paying referrals from the judge’s cases?
No. The Commission said the proposed lease conflicted with Canons 5C and 3C because the judge’s interest as landlord in the school’s income could be substantially affected by DUI case outcomes.
Is a judge disqualified solely because an appearing lawyer works at a firm where the judge’s uncle is senior partner?
No. The Commission required a case-specific assessment of impartiality and the uncle’s interest in the firm. Opinion 94-512 later limited this answer to a relative affiliated with the firm, rather…
Must a justice recuse while attorneys in a separate lawsuit challenging judicial elections appear before the court?
Yes, while that suit remains pending if the appearing lawyer represents the justice or the plaintiffs in it. The Commission did not extend disqualification to other lawyers at those firms.
Must a judge recuse when a litigant hires the lawyer currently representing the judge’s spouse in an unrelated estate?
Yes. The Commission found the judge disqualified from the post-trial motions, although it noted that the judge could consider whether law permitted disqualifying the lawyer’s late appearance.
May a circuit judge help test an electronic surveillance device for court-supervised offenders?
Yes, on the stated terms. The Commission found no Canons violation where the judge tested the device to improve the justice system, did not endorse the product, and the activity did not cast doubt…
May a judge use surplus campaign contributions to repay personal loans used for an earlier judicial campaign?
Yes, if the funds clearly reimbursed prior campaign expenditures. The Commission said that use did not itself violate Canon 7B(1)(d)’s restriction on private benefit.
Must a judge recuse from every State Personnel Board case when the judge’s secretary is married to the Board’s lawyer?
No, on the stated facts. The Commission found no required disqualification because the secretary would not participate in those cases; discretionary recusal remained for the judge to assess case by case.
May a sitting circuit judge keep serving while running for another circuit judgeship in the same circuit?
Yes. The Commission said Canon 7A(2) allowed a judge to keep judicial office while seeking election to another judicial office.
May a district judge running for circuit judge appear in campaign material wearing judicial robes?
Yes, on the facts presented. The Commission found no Canons violation if the material accurately described the candidate and did not suggest the district judge had already served as a circuit judge.
May a judge seeking reelection mail former jurors a personal letter thanking them and asking for support?
Yes, if carefully worded as described. The Commission accepted the proposed personally funded letter so long as it maintained judicial dignity, integrity, and an appearance free of impropriety.
May a judge join a sponsored charity walk, ride, or jail-bail event if someone else recruits donors?
Yes, on the proposed facts. The Commission allowed participation when the judge did not use judicial prestige and structured the activity to minimize conflict with judicial duties.
Would appointing a spouse’s relative by marriage as a substitute court reporter violate the judicial Canons?
The Commission found no ethical violation for a judge following the stated general kinship rule, but expressly declined to confirm whether the appointment satisfied the state court-reporter statute.
May a judge draft a contract and deeds for a real estate venture in which the judge owns an interest?
Yes, on the described facts. The Commission said drafting documents securing the judge’s own rights, even with a nonfamily co-venturer, was attending to the judge’s own affairs rather than…
Does a litigant’s separate lawsuit against a judge automatically disqualify the judge from that litigant’s other cases?
No. The Commission said the filing alone did not require recusal on the stated assumptions, but a more involved dispute or personal bias could make impartiality reasonably questionable.
May a judge chair a charitable telethon without being identified as a judge or directly requesting donations?
Yes, on the described facts. The Commission permitted the behind-the-scenes chair role and limited appearances if the work did not harm impartiality or interfere with judicial duties.
May a judge belong to a charity group and participate in its casino-night fundraiser?
Yes, on the described facts. The Commission did not prohibit membership or participation, but said direct fundraising solicitation was strongly discouraged under Canon 5B.
May an unopposed judge appoint an absentee election manager for an election in which the judge is a candidate?
Yes, if the judge is unopposed under the opinion’s stated test. The Commission modified Opinion 87-315 because the appointment would not affect the judge’s race, while preserving its appearance…
Must a judge recuse from every case involving a school board that employs the judge’s spouse as a teacher?
No. The Commission said the spouse’s teaching job alone did not require recusal; disqualification arose if the spouse had an interest that could be substantially affected by the case.
Does a judge’s secretary’s son working for a party’s spouse automatically require recusal on a post-trial motion?
No. The Commission said that remote employment link, arising after judgment and without more, did not disqualify the judge from deciding the post-trial motion.
May a circuit judge sign the notary surety bond for a deputy clerk whose work may be challenged in the judge’s court?
No. The Commission said challenges to the deputy clerk’s notarial performance would ordinarily come before the judge’s court, making the surety role impermissible under Canons 5D and 5C.
Is a judge disqualified from the described criminal cases involving the judge’s niece’s husband as defense lawyer?
Yes. The Commission treated the niece’s husband within Canon 3C’s described kinship and said disqualification extended to the judicial acts in the cases presented.
May a judge sit when a defendant represented by the judge’s brother or niece’s husband enters a guilty plea, even if the judge takes no action on it?
No. The Commission’s combined answer disqualified the judge from the described proceeding even where no action was taken on the guilty plea.
May a judge preside at a not-guilty arraignment when the defendant is represented by the judge’s brother or niece’s husband?
No. In the combined Opinions 87-316 through 87-319, the Commission said the judge was disqualified from the described arraignments when either relative represented the defendant.
Could a judge appoint the judge’s niece’s husband to represent an indigent criminal defendant?
No. In the combined Opinions 87-316 through 87-319, the Commission said Canon 3C disqualified the judge from that appointment and the other judicial acts described where the relatives represented…
Could a presiding judge seeking reelection appoint the absentee election manager for the same election?
The Commission originally said the judge should let another circuit judge make the appointment because of an appearance of impropriety. Opinion 88-323 later modified that answer for an unopposed judge.
Does a lawyer who is the brother of a judge’s brother’s wife automatically disqualify the judge?
No. The Commission said that relationship alone fell outside Canon 3C(1)(d)’s listed kinship and did not require disqualification.
Must a judge recuse when counsel for a party also represents an estate for which the judge serves as executor?
Yes. The Commission held that the judge was disqualified while the attorney whom the judge employed for the estate represented a party; it said that disqualification ceased after final settlement…
Could a circuit judge prepare tax returns for pay or prepare family members’ returns without pay?
The Commission found no categorical ban, but said a judge would find it almost impossible to run a tax-return preparation enterprise without violating Canon 5. Family-only, unpaid preparation…
Must a part-time municipal judge who is also an assistant district attorney recuse from a reckless-driving case when the same defendant faces a related felony prosecution by that office?
Yes. The Commission found disqualification because a reasonable person could see the judge as both judge and prosecutor through the judge’s close association with the office handling the related felony.
May a circuit judge serve as co-trustee of a former attorney’s trust with two attorneys who practice before the judge?
The Commission said the judge could serve under the stated limited facts if the service stayed within Canon 5D’s fiduciary limits, including judicial-duty, likely-proceeding, and financial-activity…
Could a judge attend and participate in a meeting to study and debate proposed amendments to the United States Constitution?
Yes. The Commission said Canon 4 permitted the described meeting if participation did not interfere with judicial duties or cast doubt on the judge’s impartiality.
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Legal ethics opinions from the Alabama Judicial Inquiry Commission interpret the rules of professional conduct for working lawyers, in response to inquiries from members and committees. They are advisory, not binding like court discipline decisions, but courts and discipline boards treat formal opinions as substantial guidance on how the rules apply. Every opinion above has a plain-English question and short answer, plus a link to the original source on the bar's site.