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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Could a new judge receive installments for former firm property and earned profits while recusing from the firm’s cases?
Yes, on the stated roughly one-year settlement plan. The Commission said continued indebtedness kept recusal concerns active, and delay beyond a reasonable period required renewed Canon 5 review.
Could a judge provide personal background and discuss a completed malpractice trial with a former litigant writing a book?
The Commission allowed personal background information but said a judge ordinarily should avoid comments on the decided case that could call the ruling or legal system into question.
Must a judge serving as executor recuse from tax cases affecting estate land and mobile homes when the judge’s spouse is a beneficiary?
Yes. The Commission found financial interests in both matters through the judge’s fiduciary role and the spouse’s beneficial interest; it said Canon 3D remittal was available.
Did a judge’s child working at a law firm automatically disqualify the judge from routine matters handled by another firm lawyer?
The original opinion required recusal even for routine matters and consent orders, with remittal available. Opinion 88-338 later modified the automatic firm-affiliation approach.
Could a juvenile judge appear in robes in a noncommercial message urging parents to use child seat belts?
Yes. The Commission permitted the described noncommercial public safety announcement under Canons 4 and 5.
Did a judge’s prior complaint and report about an appearing attorney require recusal despite the judge’s statement of no personal conflict?
The Commission left the initial recusal determination to the judge and directed consideration of Canon 3C; it did not decide whether these facts required recusal.
Could a robed judge set mock fines at a charity fundraiser’s staged trials?
The Commission discouraged acting as the event’s judge and said that if the judge participated, the judge should not wear robes or lend judicial prestige to fundraising.
Could a judge’s past borrowing from a bank’s expected witnesses or current bank accounts make recusal appropriate in a case involving that bank?
The Commission said recusal might be appropriate in both described situations and pointed to Opinion 76-5; it did not say either relationship automatically disqualified the judge.
Should a district judge continue serving on the Sumter County Districting Commission?
The Commission concluded under Canon 5G that the judge should not continue on the districting commission; it expressly declined to construe the constitutional public-trust provision.
Is a judge disqualified whenever a firm employing the judge’s son as a law clerk appears in a case?
The Commission said the son’s employment alone did not disqualify the judge, but the judge would be disqualified in a proceeding in which the son participated.
Must a judge named as a defendant in a constitutional challenge switch to the plaintiff side after concluding the statute is probably unconstitutional?
The Commission said the Canons did not require the judge to realign as a plaintiff; the judge’s position as an unwilling defendant was outside their governance.
Should a circuit judge serve on the Alabama State Fair Authority?
The Commission concluded under Canon 5G that the judge should not continue serving on the Authority; it expressly declined to construe whether the seat was a constitutional position of public trust.
May a probate judge admit a will when the judge’s son is attorney of record and all interested parties waived notice?
The Commission said the probate judge was disqualified from the proceeding despite the filed waivers of notice, but that disqualification could be remitted under Canon 3D.
May a judge agree to recuse from every case in which specified lawyers oppose each other because one accused the judge of favoritism?
The Commission said the judge could not maintain the blanket recusal agreement on the stated unfounded accusations; a particular recusal could still be appropriate in different circumstances.
May a probate judge appoint an attorney son or daughter as guardian ad litem in a judicial probate matter?
The Commission said a probate judge could not appoint an attorney son or daughter as guardian ad litem in matters pending before the probate court in its judicial capacity.
May a judge hear a bank dissolution settlement after the judge and a former law partner represented interests in related liquidation matters?
The Commission held the judge disqualified because the prior representations were closely related to the proceeding and said the disqualification could not be remitted under Canon 3D.
Is a judge disqualified when a lawyer appearing before the judge also employs the judge’s spouse as a real estate agent?
The Commission said the spouse’s employment in the lawyer’s real estate business alone did not disqualify the judge; case-specific financial interests or other facts could require disqualification…
When does an appearance by a clerk-bailiff’s brother’s law firm disqualify the judge?
The Commission said the judge was disqualified when the clerk-bailiff’s brother participated in the proceeding, and reaffirmed its earlier opinion addressing a clerk’s nonparticipation.
May a district judge serve on a school superintendent’s community advisory council?
The Commission permitted service while it did not conflict with judicial duties, but said the judge must cease council participation if the council considers matters ordinarily before the judge’s court.
May a juvenile judge foster a child formerly before the court when an independent agency supervises the placement?
The Commission permitted the foster placement on the described facts because an independent agency would supervise it, removing the proposed supervisory relationship with a frequent court litigant.
May a part-time municipal judge appear in a store advertisement as a judge or in a private capacity?
The Commission said appearing as a judge would violate Canon 2C by lending office prestige to the store, while an appearance in private capacity was not prohibited.
Does a litigant’s or lawyer’s campaign contribution itself disqualify a judge or require additional disclosure?
The Commission said a contribution alone did not disqualify the judge and public filing satisfied disclosure absent special circumstances that might otherwise require disqualification.
Does a lawsuit naming circuit judges as a defendant class automatically disqualify a judge from cases involving the plaintiffs’ lawyer or firm?
The Commission said there was no automatic disqualification on the stated facts, though bias arising from the lawsuit could require it; the judge could recuse in a particular case.
May a newly appointed part-time municipal judge continue representing a client on appeal from that court’s earlier ruling?
The Commission said the judge should not continue the representation because challenging the judge’s own court’s prior ruling while on the bench would violate Canon 2.
May a judge buy court printing supplies from the judge’s spouse?
The Commission said the Canons did not specifically address the purchase, but a possible violation of Alabama’s Ethics Law would also violate Canon 2A; it referred the statutory question to the…
Is a judge disqualified from an ongoing case because the judge will testify in a separate bar discipline matter arising from lawyers’ statements in that case?
The Commission found no disqualification because the judge’s expected testimony concerned a separate bar proceeding with different issues and facts.
Do the Alabama Canons prescribe a procedure to raise disqualification, and who bears responsibility for a disqualifying interest?
The Commission said Canon 3C gave no specific procedure for raising or determining disqualification; the duty to disqualify rested on the judge even if the parties did not raise the interest.
Does an attorney’s testimony against a judge in a disciplinary proceeding automatically disqualify the judge when the attorney appears as counsel?
The Commission said the testimony alone did not necessarily disqualify the judge; the testimony’s circumstances and the judge’s conduct toward counsel could alter the result.
Is a judge disqualified when counsel was the judge’s defeated opponent in a judicial election?
The Commission said the former opposition alone did not require disqualification, but campaign-related bias or other circumstances reasonably questioning impartiality could.
Is a judge disqualified from a divorce case after withdrawn evidence referred to a judgment paid to the judge’s former firm?
The Commission found no disqualification on the stated facts: the judge had not worked on the former case, had no recollection of it, and the parties withdrew the evidence.
Does a party’s extended relationship through the judge’s brother’s wife disqualify the judge?
The Commission said the relationship did not reach the party in this case; the fourth-degree rule did not extend to relatives of the judge’s brother’s wife.
Is a judge automatically disqualified when an appearing firm employs the judge’s sister-in-law as a legal secretary?
The Commission said employment alone did not disqualify the judge; the judge had to assess the specific proceeding and the relative’s relationship to it.
May a scholarship foundation put a trustee’s judicial title on letters soliciting donations?
The Commission said a judge could be listed as a trustee but should not be identified as judge on stationery known to be used for fundraising.
May a judge receive a share of contingent fees for legal work performed before taking the bench?
The Commission said a judge could accept payment for legal services performed before taking office under a prior fee agreement, and that the amount should be settled beforehand insofar as possible.
Did relationships and earlier recusals in related property litigation disqualify the judge from a fourth suit?
The Commission said the judge was not disqualified on the detailed facts of the fourth suit because none of Canon 3C(l)’s listed grounds was met.
Does a party’s $100 campaign contribution and general support disqualify the judge?
The Commission said the contribution and support alone did not disqualify the judge, though other factors could reasonably call impartiality into question.
Would leasing to an individual who subleases to a newspaper change the judge’s disqualification analysis?
The Commission said the intermediate tenant did not change the analysis; known substantial effects of a proceeding on the judge’s lease could still require disqualification.
Is a judge disqualified from a corporate case because its stockholders also own stock in a newspaper that leases the judge’s property?
The Commission said overlapping stock ownership alone did not disqualify the judge, but a known outcome substantially affecting the judge’s lease would require disqualification, subject to remission.
Does a stockholder’s appearance as litigant disqualify a judge who leases property to the stockholder’s newspaper?
The Commission said the stockholding alone did not disqualify the judge; a known outcome that could substantially affect the judge’s lease would require disqualification, subject to Canon 3D remission.
May a judge join an advisory committee for a United States Senate candidate?
The Commission said Canon 7 strongly discouraged but did not prohibit the service; a participating judge had to act privately without using the judicial title or office prestige.
Is a judge disqualified from sentencing after discovering the family is distantly related to the defendant?
The Commission said the judge was not disqualified on the stated distant-relationship facts, whether or not a recusal motion had been filed.
What did the Commission say when a judge expressed serious reservations about impartiality in a pending case?
The Commission said a judge should disqualify from a case when the judge has serious reservations about impartiality and placed the particular determination with the judge.
Is a judge disqualified from routine civil motions because a party’s firm employs the judge’s son as a summer law clerk?
The Commission said the employment alone did not require disqualification, but a son’s affected interest or other facts reasonably questioning impartiality could.
Must a judge disqualify from a bank case when minor children in the judge’s household own bank shares?
The Commission required disqualification based on the children’s stock, however small, and expressly did not decide the effect of the judge’s debt to the bank.
Is a judge disqualified from a racetrack annexation suit that would bring the judge’s residence into the city’s police jurisdiction?
The Commission said the judge was disqualified because the suit could substantially affect the judge’s interest and, on all the facts, impartiality might reasonably be questioned.
Does issuing a search warrant itself disqualify a judge from later trying a case involving the seized evidence?
The Commission reaffirmed that issuing a search or arrest warrant alone did not reasonably call impartiality into question; personal bias or knowledge beyond the earlier proceeding could matter.
May a district or circuit judge serve as a delegate to a national political convention?
The Commission reaffirmed that delegate service was discouraged but not prohibited under Canon 7, with caution against interference with judicial duties or harm to judicial integrity.
Is a judge disqualified because a party serves with the judge on a private school board?
The Commission found no automatic disqualification on the facts, but said the judge should disclose the shared service and consider any objections under the impartiality standard.
May a judge continue employing a secretary after marrying her when she was appointed years earlier?
The Commission said continued employment did not violate the Canons on the stated facts because the appointment preceded the engagement by three years.
Is a judge disqualified from cases involving an insurer whose local agent rents the judge’s building?
The Commission concluded that the judge would be disqualified from cases in which the insurer was a party or had an interest because the visible leasing arrangement could reasonably call…
Does joint property ownership with former law partners disqualify a judge when those lawyers appear?
The Commission concluded that mere joint ownership of the described apartments and timber land did not disqualify the judge from cases involving the former partners as counsel.
May a judge hear a divorce and custody case after previously advising the husband about the family dispute?
The Commission concluded that the judge was disqualified because he had served as a lawyer in the matter in controversy; it said the disqualification could not be remitted.
Did the Judicial Inquiry Commission decide whether a judge’s secretary could receive two paychecks?
The Commission declined to address the secretary’s conduct because its advisory authority extends to the Alabama Canons of Judicial Ethics governing judges.
May a part-time municipal judge represent criminal defendants in other Alabama courts?
The Commission said the Canons did not prohibit representation in district, circuit, or appellate courts, even when municipal police testify, but excluded matters that had come or were likely to…
Does a judge’s former client being indirectly affected by a case require disqualification?
The Commission said the former client’s possible interest alone did not disqualify the judge under Canon 3C, while the judge could still recuse if the circumstances warranted it.
May a part-time municipal judge share an office, secretary, and telephone with the city’s part-time prosecutor?
The Commission prohibited that shared private-practice arrangement and concluded that it would disqualify the judge in cases prosecuted by the lawyer sharing the office.
May a judge belong to the League of Women Voters when it takes positions on public issues?
The Commission said Canon 7 discouraged but did not prohibit political-organization membership and cautioned that Canon 5 concerns could arise if the League frequently took positions on issues…
May a judge serve on a hospital advisory board?
The Commission permitted service on the purely advisory board only while it complied with Canon 5B’s limits on civic and charitable activity and did not interfere with judicial duties.
Is a judge disqualified when the judge’s bailiff-law clerk’s spouse works for a firm appearing in the case?
The Commission said the judge was disqualified if the clerk participated, but not if the clerk took no part in the case and did not discuss it with the judge.
May a juvenile judge serve on a child abuse awareness and prevention group’s board?
The Commission permitted board service only while it complied with Canon 5B’s restrictions and did not interfere with judicial duties.
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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.