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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Was recusal required when the judge’s son or another lawyer in his son’s firm represented a party?
Yes. The Commission required disqualification whether the son was a partner or salaried employee, and said the disqualification could be remitted under Canon 3D.
Did a judge’s wife working as a local lawyer’s bookkeeper automatically disqualify the judge from matters involving that firm?
No. The Commission said the described employment was allowed and alone did not cause disqualification under Canon 3C; it also directed attention to Canon 5C.
Could a judge join a family partnership whose property was leased to the Alabama ABC Board?
Yes. The Commission said participation in the partnership doing business with the state did not violate the Canons, while calling attention to Canons 3C and 5C.
Did the 1979 opinion require disqualification when a judge’s lawyer son appeared as counsel?
Yes. The Commission required disqualification for an attorney of record related to the judge within the fourth degree, with written remittal under Canon 3D. Opinion 88-338 later modified earlier…
Did the judge’s adult son and daughter-in-law working as substitute juvenile-home parents automatically violate the Canons?
No. The Commission found no per se Canon violation, but said recusal might be required if either family member became a material witness or party in a juvenile case before the judge.
Did a court reporter’s family relationship with a party automatically disqualify the judge?
No. The Commission said the reporter’s relationship alone did not necessarily disqualify the judge, although circumstances could raise a reasonable question about impartiality under Canon 3C(l).
Did a spouse’s law partner appearing for a party automatically disqualify the judge?
No automatic answer was given. The Commission said firm affiliation alone did not disqualify the judge, but particular impartiality or financial-interest circumstances might require recusal.
Could a judge receive a salary as president of a family-controlled bank run on site by its chief executive?
The Commission found no Canon violation on the stated facts, while calling attention to Canon 5C(1) and (3) on financial dealings and avoiding disqualifying cases.
What did the Commission require when a judge’s daughter clerked for a board whose appeals were on the judge’s docket?
It found no impropriety in the employment itself, but required disclosure in the record and disqualification in those appeals unless the parties and lawyers agreed in writing under Canon 3D that the…
Could a part-time municipal judge represent someone arrested by city police when the matter was tried in circuit court?
Yes, on the stated facts. The Commission said the Canons did not prohibit the representation because the client’s case had never been before the municipal court.
Could a retired circuit judge on inactive status work in sales, finance, banking, or as a law clerk?
Yes. The Commission said a retired circuit judge on inactive status would not violate the Canons by engaging in any of the listed paid activities.
Could a retired circuit judge on inactive status practice law or serve as corporate general counsel?
Yes. The Commission said the Canons did not bar those activities while the retired judge was inactive, and that the judge would be subject to the Canons if recalled to active duty.
Could a district judge serve as a judge of a local high school public speaking contest?
Yes. The Commission treated the activity under Canon 5 and permitted it so long as it did not interfere with the judge’s judicial duties.
Could a judge serve on the board of a charitable community action agency?
Yes, if the board service complied with Canon 5B’s limits. The Commission described the agency as a charitable nonprofit and conditioned its answer on those provisions.
Did Canon 3B(3) require a part-time attorney judge to report another judge’s misconduct learned through a privileged client relationship?
No. The Commission said Canon 3B(3) did not require reporting based on privileged attorney-client knowledge, but called for full disclosure to the client to seek permission to report.
Did the Commission say an attorney member of the Court of the Judiciary should initiate disciplinary measures based on personal knowledge of misconduct?
Yes. The joint 78-50 and 78-51 answer said Canon 3B(3) had no exemption for part-time or special judges with personal knowledge of unprofessional conduct; Opinion 78-52 separately addressed…
Did Canon 3B(3) apply to an attorney member of the Court of the Judiciary with personal knowledge of another judge’s misconduct?
Yes. The Commission said part-time or special judges had no exemption from Canon 3B(3) and answered the application and reporting questions affirmatively; it addressed privileged knowledge…
Could a judge do accounting or income tax work after retirement?
Yes. The Commission said a retired judge could engage in the described paid work because the Canon it discussed was inapplicable to retired judges.
Could a judge send information in response to a public bar reinstatement notice and testify at the proceeding?
The Commission said the judge should furnish requested information to bar counsel, but Canon 2C barred testimony at the proceeding unless the judge was subpoenaed.
Did the 1978 opinion require a municipal judge to resign before running for nonjudicial office?
No. The Commission said the Alabama Constitution exempted municipal judges from the resignation restriction and controlled over Canon 7’s apparent contrary rule.
Could a judge passively sponsor a real estate company as its licensed broker while hiding the judge’s name from advertising?
No. The Commission found that a qualifying broker’s required constant supervisory availability conflicted with judicial duties under Canons 3 and 5C.
Could a judge, as a private citizen, ask the parole board to favor an inmate?
The Commission said such a request was prohibited voluntary character testimony under Canon 2C, while noting a statutory exception for the judge who presided at the inmate’s trial.
Did the Commission approve particular acts by a judge on the board of a partly owned corporation?
No particular acts were approved. The Commission said it could not answer questions about specific acts or activities and directed the judge to Canon 5’s limits on fiduciary and financial activities.
Did Canon 7 prevent an inactive retired judge from serving as master of ceremonies at a political rally?
No. The Commission said Canon 7 did not apply to retired judges on inactive status and therefore did not bar the described master-of-ceremonies role.
Could a judge hear a hospital negligence case after previously serving on the hospital’s board?
On the stated facts, the Commission found no Canon 3C violation if the judge had no personal knowledge of disputed facts and impartiality could not reasonably be questioned.
Could a circuit judge serve as a delegate to a national political party convention?
The Commission said Canon 7 strongly discouraged but did not prohibit that activity, and that Canon 7A(2)’s resignation rule concerned governmental office rather than party office.
Could a district judge sell real estate for a licensed broker despite a state ethics opinion allowing it?
No. The Commission said the state ethics body did not interpret judicial Canons and concluded the sales work would place the judge in conflict with Canon 5C.
What did the Commission say about a judge fundraising, campaigning, or contributing for a nonjudicial candidate?
It said Canon 7 discouraged many campaign activities without absolutely prohibiting them, treated contributions and private opinions differently, and made violations depend on the circumstances.
Did the Canons prevent a judge from accepting an offered honorarium for performing a marriage ceremony?
No. The Commission answered that the Canons did not prohibit accepting an offered honorarium for performing a marriage ceremony.
Could a district courtroom use a circuit-wide television and recording plan without its own approval?
No. The Commission said Canons 3A(7) and (7)(a) required an approved plan specific to each courtroom where television, radio, recording, or photography would occur.
Did Canon 7 prohibit a judge from contributing to a political candidate?
No. In the second answer of the shared letter, the Commission said Canon 7 did not prohibit campaign contributions by judges.
Could a judge be a dues-paying honorary member of the Fraternal Order of Police?
The Commission said that membership would reflect adversely on judicial impartiality under Canon 5B because police officers frequently appeared as witnesses in court.
Could a district judge earn money selling real estate for a licensed broker?
No. The Commission said the proposed paid real estate sales work would violate the Alabama Canons; Opinion 78-40 later explained its Canon 5C reasoning.
Could a district judge hire a local lawyer’s wife as the judge’s secretary?
Yes, if she was the most qualified applicant. The Commission applied Canon 3B(4)’s merit-based appointment rule and its ban on nepotism and favoritism.
Could a judge belong to a Lions Club that ran bingo and help sponsor the games under the criminal law discussed in 1978?
The Commission said participation in the described unlawful bingo activity would violate Canon 2A. It separately addressed limited membership in a religious or charitable organization conducting…
Did a judge have to recuse because a party’s lawyer was the law partner of a lawyer hired by the judge?
No automatic disqualification. The Commission said hiring that lawyer for one matter did not itself bar the judge from a different case handled by the lawyer’s partner or automatically create an…
Did the same Canon 3C disqualification grounds apply to part-time municipal judges?
Yes. The Commission said part-time judges shared the Canon 3C disqualification grounds, then gave fact-dependent answers to four scenarios involving the judge’s law practice.
Did Canon 7 prohibit an active judge from serving on a state political party executive committee?
No. The Commission said Canon 7 discouraged but did not prohibit the membership, while warning against political influence or its appearance in judicial decisions.
Did a plaintiff’s federal civil rights suit against the trial judge require the judge to leave the plaintiff’s pending state case?
No. On the facts described, the Commission said Canon 3 did not require disqualification from the pending state case.
Could a circuit judge draft bylaws and incorporation articles for a charity with which the judge was involved?
No. The Commission said drafting those legal documents made the judge a legal advisor, a role Canon 5B did not permit for a civic or charitable organization.
Could a judge sue a neighboring owner over an encroachment on the judge’s property?
Yes. On the stated facts, the Commission said filing the suit in the judge’s own behalf would not violate Canon 5F.
What did the Commission require when worthless-check cases involved customers of a corporation that employed the judge’s son as a manager?
A majority said the judge should disclose the son’s employment to the parties and recuse if a defendant requested it.
Could a judge serve as an estate administrator under Canon 5D?
Yes, if the administrator duties did not interfere in any way with the judge’s judicial duties.
Could a judge sell a personal law-report set to a county law library whose board the judge served on?
No. The Commission said the sale would violate Canon 2 because it would constitute an offense under the then-cited county-supply sales statute.
Did the judge’s participation in a library furniture business serving lawyers and judges violate the Canons?
The Commission found no violation at the time on the facts presented, while directing the judge’s attention to Canon 5C(l)’s limits on financial dealings.
Could the judge preside over civil cases tied to an accident investigated by a grand jury while the judge was district attorney?
No. The Commission said Canon 3C (1) required disqualification despite the parties’ lack of objection because the judge’s former grand jury role could reasonably call impartiality into question.
Could a judge answer a corporation president’s ex parte complaint about a ruling by sending the other party a copy?
No. On the facts presented, the Commission said the proposed reply was improper under Canon 3 A (4).
Could a judge serve on the board of trustees of a charitable organization?
Yes, according to the Commission, so long as the trusteeship did not interfere with judicial duties.
Could a circuit judge continue as guardian for two veterans?
Yes, only while the guardianship did not interfere with judicial duties; the Commission said the judge would have to resign the guardianship if interference arose.
Could a district judge continue a printing business serving county officeholders and local lawyers?
The Commission concluded that the described business dealings came within Canons 2 and 5C(l) and should be avoided.
Could a district judge continue both an estate trusteeship and a veteran’s guardianship?
Yes, only while neither fiduciary role interfered with judicial duties; the Commission said the judge would have to resign a role that caused interference.
Could a district judge also serve on the Selma City Board of Education?
No. The Commission said elected or appointed school-board service concerned matters outside the law and administration of justice under Canon 5G.
Could a district judge continue serving as guardian of two veterans?
Yes, only while the guardianships did not interfere with judicial duties; the Commission said interference would require resignation from the guardian role.
Did a judge have to disclose a bank-customer relationship to absent defendants when entering default judgments for the bank?
No. The Commission said the relationship did not require disclosure to defendants who did not appear in the bank’s loan collection cases.
Could a district judge prepare abstracts of title for profit while serving on the bench?
No. The Commission said the judge should not run the title-abstract business while serving, citing possible land-title litigation and continuing customer relationships.
Could a district judge continue serving on the Fayette County Board of Education?
No. The Commission said a district judge should not serve on a board of education, whether elected or appointed.
Could a circuit judge serve as a director of a local bank?
Yes, subject to disqualification in proceedings involving the bank or holding company, or the procedure the Commission referenced under Canon 3-C.
Could a circuit judge own stock in the holding company of a local bank?
Yes, subject to disqualification in proceedings involving the bank or holding company, or the procedure the Commission referenced under Canon 3-C.
Could a circuit judge own stock in a local bank?
Yes, subject to disqualification in proceedings involving the bank or holding company, or the procedure the Commission referenced under Canon 3-C.
Could a circuit judge help organize a bank, obtain approvals, and participate in its stock issuance and sale?
No. The Commission said that participating as an organizer in the charter, approval, and stock issuance and sale process would be contrary to the Canons of Judicial Ethics.
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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.