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.
No Alabama Judicial Inquiry Commission opinions match these filters
Try a different search term or clear the filters.
Does issuing an arrest or search warrant disqualify a judge from the later trial?
The Commission concluded that issuing a warrant alone did not reasonably call the judge’s impartiality into question and distinguished personal bias or knowledge from knowledge gained in a prior…
Could a circuit or district judge accept a fee for performing a marriage under the law discussed in this 1983 opinion?
The Commission said the judges could receive the $2 statutory fee without violating the Canons and cited its earlier opinion permitting a larger amount if offered.
Is a judge disqualified when a relative within the fourth degree sits on a county commission involved in the case?
The Commission required disqualification whether individual commissioners, the commission, or the county was a party, and said Canon 3D could permit remittal.
May a circuit judge serve as trustee of a hospital in the judge’s circuit?
The Commission said hospital trusteeship was not prohibited by itself, but Canon 5 restrictions on outside activities could prohibit service depending on the circumstances.
May a district judge serve on a local community action agency’s board?
The Commission permitted public-sector board service if it did not interfere with judicial duties or office dignity, involve fundraising, or place the agency in cases ordinarily before the judge.
Must circuit judges recuse because a retired circuit judge’s daughter is a prosecuting witness or civil plaintiff?
The Commission said that relationship alone did not require any circuit judge’s disqualification, but individual relationships, friendship, case facts, or bias could require a case-specific decision.
May a circuit judge continue serving as trustee of bankruptcy estates begun before taking the bench?
The Commission said the judge should not continue even with separate counsel, citing likely conflicts with creditors and the ban on practicing law.
May a district judge serve on a city board?
The Commission said service would violate Canon 2A if the city-board seat was an office of public trust; it did not decide whether the particular seat had that status.
May a circuit judge give confidential evaluations of practicing attorneys to a professional directory?
The Commission permitted the evaluations but required the judge to avoid conveying, or allowing others to convey, that the lawyers had special influence with the judge.
May a judge serving as alumni chapter president solicit membership in the association?
The Commission permitted membership solicitation subject to Canons 1, 2, and 5B, including limits on use of judicial prestige and impressions of special influence.
Under the 1983 opinion, when could judges send court-funded thank-you letters to jury venire members?
In 1983 the Commission allowed court-funded thank-you letters to venire members if approved by court rule and accurate about the judges’ participation. Later official opinions overruled and modified…
Does kinship-based disqualification prevent a presiding circuit judge from assigning a district judge to a case?
The Commission said the kinship disqualification did not extend to assigning or appointing another judge under Rule 13 of the Rules of Judicial Administration.
Under this 1983 opinion, could a trial judge comment for or against a former defendant’s parole?
The Commission said the Canons did not bar either a positive or negative response to the Board of Pardons and Parole, before or after the trial judge received notice.
Does a party’s previously dismissed lawsuit against a judge itself require the judge’s recusal?
The Commission found no required disqualification on the stated facts, unless the judge had developed personal bias or prejudice toward the party.
Did the Commission categorically bar a municipal judge from chairing a Shrine charity endowments committee?
The Commission identified no absolute Canon 5B ban on charitable fundraising but cautioned about judicial prestige and legal-adviser service. Opinion 03-828 later withdrew this opinion to the extent…
Do the Alabama Judicial Canons restrict employment of an inactive retired circuit judge?
The Commission said the Canons did not restrict employment or appointment of a retired judge who was not serving in active judicial duty, while reserving other legal limits outside its authority.
Does joint ownership of a law-office building with an attorney disqualify the judge from that attorney’s cases?
The Commission found no Canon violation or required disqualification where the judge and lawyer shared ownership and expenses, and the lawyer paid no rent to the judge.
Is a judge disqualified from every criminal case handled by an office employing the judge’s son-in-law?
The Commission said disqualification applied only to cases in which the son-in-law directly participated as an assistant district attorney, not every case handled by the office.
When must a judge recuse because a former law partner represents a party?
The Commission required recusal if the former partner represented that party in the same matter during the partnership, including uncontested and early criminal proceedings, and said the…
How did the 1982 Commission treat cases involving a judge’s son-in-law or his law firm?
The original opinion required recusal for direct representation and the son-in-law’s firm colleagues, with case-specific remittal; Opinion 88-338 later changed the automatic firm-affiliation rule.
Must a judge recuse when an appearing lawyer also represents the judge in an unrelated matter?
The Commission required the judge to recuse from cases involving that lawyer because the judge’s impartiality might reasonably be questioned.
Under the 1982 opinion, did a judge violate the Canons by ordering that a person with a suspended license could drive?
The Commission said a judge who knowingly purported to authorize driving despite a formal suspension or revocation violated Canons 2A and 3A(l), relying on the cited Attorney General opinion and…
Should a judge who founded a juvenile detention facility personally accept donations to its building fund?
The Commission said it was desirable that the judge not accept donations, even without personal solicitation, because accepting them could indirectly use judicial prestige for fundraising.
May a circuit judge organize ticket sales and appear onstage at a political party dinner?
The Commission said coordination was difficult to reconcile with the Canons but possible if their high standards were met; appearing onstage and introducing the speaker was allowed under the same…
Does recusal continue after a former law partner leaves a jointly owned building and stops providing income to the judge?
The Commission said the judge would no longer be disqualified in cases involving that attorney once the attorney left the firm and building and the judge received no income from the attorney.
May a part-time active retired judge serve as a hearing officer for the State Personnel Board?
The Commission allowed the appointment because the quoted compliance provision exempted that judge from Canon 5G, but expressly did not address additional compensation.
May a judge allow a campaign ad to identify the judge as supporting a candidate for judicial office?
The Commission permitted use of the judge’s name and title in media support for judicial candidates, while reminding judges of Canons 1 and 2.
How did the Commission treat a judge’s proposed public statement during a nonjudicial court-clerk campaign?
The Commission referred to Opinion 78-39: campaign activity for a nonjudicial candidate was discouraged but not categorically prohibited, and Canons 1 and 2 still applied.
Under Opinion 82-160, which jurors could receive a judge’s personally funded commendation letter?
The Commission permitted a judge to pay for commendatory letters but limited them to jurors who participated in a proceeding before that judge; the official PDF marks the opinion overruled in part…
Did the Canons bar a judicial candidate from accepting a contribution from a bonding company doing business in the courts?
The Commission said the Canons did not prohibit contributions from the company or a major stockholder, while directing the candidate’s attention to Canons 7B(l)(c), 1, 2A, and 2C.
May a judge serve on a church committee that receives and deposits bond-sale proceeds?
The Commission permitted the service under Canon 5B only if the committee did not take part in soliciting the funds.
What could a judge discuss in a newspaper interview during a campaign for judicial office?
The Commission applied its answer on judicial campaign literature to the newspaper-interview question, assuming a campaign for judicial office.
What could a judicial candidate say in campaign literature about court work and pending cases?
The Commission said Canon 7B allowed campaign language within judicial dignity, but barred comment or legal conclusions on pending litigation; it allowed general discussion of court records,…
Could a judicial candidate hold office in a political organization or serve on its fundraising committee?
The Commission said the candidate should not hold such an office or serve on a committee soliciting funds for the organization, but may pay the qualification fee required to become a candidate.
Were judicial candidates limited to a single pledge when speaking at political rallies?
No. The Commission allowed ordinary judicial campaigning beyond the quoted pledge if conducted consistently with the Canons’ standards for independence, impartiality, and integrity; violations…
Where did the Commission direct a judge for examples of permissible and impermissible campaign conduct?
The Commission referred back to its answer to Question 11 for the specific activities it had addressed and invited further specific concerns.
What did the Commission say it meant to maintain judicial dignity during a political campaign?
The Commission said a campaigning judge must preserve the dignity of office, judicial independence, integrity, and impartiality, and avoid bringing the office’s prestige into the campaign.
Where did the Commission direct a judge seeking examples of appropriate and inappropriate political activity?
The Commission pointed to Advisory Opinions 30, 39, 85, and 86 for specific examples and invited other concerns to be submitted to it.
How did the Commission define political activity inappropriate to judicial office under Canon 7A(l)?
The Commission defined it as activity that the Canons as a whole seek to prohibit and referred to its earlier Opinion 78-39.
Must a sitting judge resign judicial office to run for district attorney?
Yes. The Commission said a district attorney is not a judicial office under Canon 7A(2), so a judge must resign to run for that position.
May an elected judge accept contributions after taking office to reduce campaign debt?
The Commission said a judge may accept campaign contributions at any time if they comply with election and contribution laws, while remaining mindful of Canon 7B(l)(d).
Do the Alabama Canons prohibit a judge’s spouse from independent political activity in a candidate’s campaign?
The Commission said the Alabama Canons of Judicial Ethics do not prohibit independent political activities by a judge’s spouse.
Could a judge comment on a candidate while addressing a group about court functions?
The Commission said such a response could violate the spirit of Canons 7 and 2C, while distinguishing a judge’s general expression of political viewpoints.
Would a judge violate Canon 7 by attending a candidate’s $50 per plate dinner?
The Commission concluded that the described attendance violated neither the spirit nor the letter of Canon 7.
May a judge allow a campaign to use the judge’s photograph when an immediate relative seeks nonjudicial office?
Overruled by Alabama Advisory Opinion 18-937. In 1982, the Commission strongly discouraged a judge’s photograph in a relative’s nonjudicial campaign.
Did family ties remove the Canon’s discouragement of a judge campaigning for a nonjudicial candidate?
The Commission said no: such campaigning remained strongly discouraged, and the judge also had to avoid suggesting the candidate held special influence with the judge.
Did the Commission prohibit a judge from belonging to an organization with political or economic advocacy?
The Commission said mere membership was not prohibited, but service could become impermissible if it conflicted with duties, impaired impartiality, or involved likely court proceedings.
What did the Commission mean by “administration of justice” under Canon 7A(3)?
The Commission construed the phrase narrowly to cover the legal system’s case-processing and judgment-enforcement functions, together with functions needed to operate the courts.
Were judges required to recuse from a challenge to election procedures when their own terms expired that year?
The Commission did not find disqualification required on the stated facts, but said the judge could choose to recuse.
May a judge appoint a relative within the prohibited degree to represent an indigent criminal defendant?
No. Reaffirming Advisory Opinion 80-91, the Commission said the judge was disqualified from making that appointment.
Must a judge recuse before entering a final order when counsel for a party previously represented the judge in an unrelated personal matter?
The Commission said recusal was not required on the stated facts, including that the unrelated representation had ended, all parties had been advised, and all consented to entry of the order.
Must a judge recuse solely because an attorney who regularly practices before the court is a party?
No. The Commission said that fact alone did not require recusal, but bias, prejudice, or other facts reasonably calling impartiality into question would require it.
May a judge solicit a confidential letter from a crime victim after a guilty plea and before sentencing?
The Commission said the proposed confidential solicitation violated Canon 3A(4); placing the communication in the court file or presentence report would remove the ex parte character it identified.
Does a judge’s child working as a secretary for counsel to a party automatically require recusal?
No. The Commission said the job alone did not require recusal, but other facts about the child’s connection to the proceeding could make impartiality reasonably questionable.
Must a judge recuse whenever a party is a grocery chain employing the judge’s daughter?
The Commission said the employment alone did not require recusal, but other circumstances could, including when the litigation’s outcome affects the child’s salary or income.
May a judge or the judge’s spouse rent office space to a lawyer appearing before the judge?
The Commission said the rent arrangement was prohibited under Canon 5C(l) and disqualified the judge from proceedings involving the law firm under Canon 3C(l); it declined the separate appointment…
Could a probate judge operate a private CPA practice after hours and on weekends?
The Commission said Canon 5C permitted the practice if it did not reflect adversely on impartiality, interfere with judicial duties, exploit judicial position, or cause excessive recusals; it did…
Did Canon 2A prohibit a trial judge from dismissing a criminal case with payment of costs under Act No. 81-353?
The Commission said dismissal in the manner prescribed by Act No. 81-353 did not violate Canon 2A.
Could a part-time municipal judge serve as attorney for the city board of education?
The Commission said the Canons did not prohibit the role, but Canon 2A could be violated if state law barred the dual positions; it left that statute’s application to the courts or Attorney General.
Must a judge recuse when a former firm representing a party owes the judge payments under buyout and land-sale agreements?
Yes. The Commission said both debt arrangements required recusal under Canon 3C(l) in matters represented by the firm because impartiality might reasonably be questioned.
Browse Alabama Judicial Inquiry Commission opinions by topic
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.