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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May a domestic-relations judge act in a child-advocacy center’s dinner-theater fundraiser without soliciting money?
No. The Commission says the center’s advocacy work would raise a reasonable question about the judge’s impartiality despite the absence of solicitation or use of judicial title.
May a drug court judge spend three hours each week on community service with current participants while avoiding case discussions?
No. The Commission says the sustained outside-court contact violates the ex parte restriction and raises reasonable questions about impartiality even if criminal cases are not discussed.
Must a judge report suspected serious lawyer misconduct to the bar, and does filing a complaint require recusal?
The Commission says Canon 3B(3) requires appropriate action but does not expressly mandate a bar report. Filing a complaint does not automatically disqualify the judge; the circumstances must…
May a local bar foundation pay juror costs to preserve a circuit court’s jury-trial schedule?
Yes, on the stated facts. The Commission says anonymous foundation support would not create a connection to particular lawyers that reasonably questions judicial impartiality.
May a judge hear cases involving a lawyer who rents space in a family-owned building in which the judge holds an interest?
No. The Commission says the financial benefit from the lawyer’s rent or upkeep payments requires nonremittable recusal, and a regular-appearance arrangement also bars the judge’s continued property…
Must a judge recuse when a party’s complaint against the judge is under full investigation during the pending case?
Yes on the stated facts. The Commission says the judge’s exposure to investigation materials during the case creates a reasonable question about impartiality; filing a complaint alone does not…
Is a judge automatically disqualified when a bank is a litigant and the judge has accounts, a loan, and a nephew employed there?
No. The Commission rejects automatic recusal from ordinary bank accounts, loans, and the nephew’s employment; it directs the judge to assess whether an interest could be substantially affected and…
May a judge donate her artwork to a State Bar section’s silent auction for a law school scholarship?
Yes, on the stated facts, if the donation satisfies the other canons, the judge’s title is not used to promote the item or auction, and her artwork is not singled out in the promotion.
Must a circuit judge recuse when the chief justice is a defendant and appointed that judge to a committee?
No on the stated facts. The Commission said the chief justice’s official-capacity role in the suit and committee appointment alone gave no basis for disqualification.
Must a judge recuse when counsel in a new case took part in an earlier disciplinary case against the judge?
The Commission gives no automatic answer. It says the judge must assess the whole history and relationships for a reasonable question about impartiality, while a pending recusal motion remains for…
Is a judge automatically disqualified when counsel appearing before him is his co-defendant in a federal lawsuit?
No. The Commission rejects automatic disqualification but requires the judge to assess all known circumstances and disclose the co-defendant relationship to parties and counsel.
May a circuit judge serve as auctioneer at a fundraising event for a local political-party club?
No. The Commission says serving as auctioneer would actively solicit bids, use the judge’s position in fundraising, and create an appearance of political influence in the judicial process.
Could a part-time active-retired judge appear as of counsel in a law firm advertisement using her former judicial title?
Opinion 08-896 allowed the judge’s name and of-counsel role but barred her former title, positions, and “Honorable” in the advertisement. Opinion 25-966 later overruled its ban on factual…
Which pending matters did Alabama Canon 3A(5) require a judge to report after six months under submission?
The Commission said the report covered each case with any matter fully submitted for decision and under advisement for six months or more, including motions and orders at any stage of a case.
Must a judge recuse when counsel comes from a large firm whose nonlitigating partner is the judge’s wife’s nephew?
The relationship alone does not require recusal. The Commission identifies a substantially affected interest, other facts reasonably questioning impartiality, or party bias as possible grounds; only…
May a judge send appreciation letters to people who reported for jury service?
Yes, if the letters go only to those who reported, simply thank them for civic service, come from judges with official contact, and are mailed routinely and promptly after service.
May a district judge who hears domestic violence cases join an interagency task force formed to fight domestic violence and sexual assault?
No on the proposed facts. The Commission says membership in the still-undefined task force would adversely reflect on the judge’s impartiality in cases he hears.
May two judges personally market billing software and consulting services to healthcare providers through their own company?
No. The Commission rejects the proposed marketing agreement and says the judges should not personally market the services or software to any degree.
May a part-time municipal judge appear periodically on commercial morning television to explain legal issues?
No. The Commission says the proposed arrangement could use the prestige of judicial office to advance the station’s private interests, even if the segments are educational.
May a part-time active-retired judge hear a case involving a firm opposing him in another suit and counsel working with him for a common client?
No. The Commission says the contemporaneous adversarial and co-counsel relationships would reasonably call his impartiality into question under Canon 3C(1).
May a circuit judge write an unpaid monthly column for a Christian magazine?
Yes, subject to the Canons the opinion lists. The Commission limits the topics and cautions against legal advice, pending-case comment, use of nonpublic judicial information, and promotion of a…
May a supreme court justice be recognized as a guest of honor at a charity fundraising luncheon?
The Commission strongly discouraged, but did not absolutely prohibit, the proposed honor because the justice’s prominence could be used to solicit donations or make invitees feel obliged to contribute.
May a district judge serve as a citizen member of Alabama’s counseling licensure and disciplinary board?
No. The Commission concluded that the Canons prohibited this appointment because the executive-branch board’s work threatened judicial independence and created substantial conflict with judicial duties.
May a presiding judge sign a letter recruiting male leaders to denounce violence against women and endorsing a workplace guide?
No. The Commission says the proposed letter would jeopardize the appearance of impartiality, use judicial prestige to recruit supporters, and imply legal endorsement of a guide addressing issues…
Is a judge disqualified when counsel’s firm formerly employed the judge’s college-age son as a part-time errand runner?
No on the stated facts. The son had left the firm, recalled no knowledge of the case, and had not discussed it with the judge; the opinion emphasizes the relative’s case involvement and disclosure.
May a municipal judge hear a public-intoxication charge against someone opposed to the judge’s former divorce client?
No on these facts. The Commission says the recent adversarial relationship and overlapping alcohol-related issue reasonably call the judge’s impartiality into question.
May a presiding judge help a diverse committee choose Justice Department grants for local law enforcement and prosecution programs?
Yes on the described facts. The Commission says the committee’s single grant-selection task served judicial-system improvement and did not identify the judge with prosecution or impair impartiality.
What must a judge do when the judge’s spouse leads a large charitable campaign soliciting potential litigants?
The spouse may independently raise funds, but the judge must stay separate from this campaign, keep his name and title out of it, and recuse when he knows a party made or refused a significant donation.
May a former Department of Human Resources lawyer judge hear unrelated DHR cases when the judge’s spouse does separate DHR legal work?
Yes on the stated facts. Neither former DHR representation nor the spouse’s separate DHR work alone disqualified the judge; personal bias, disputed-fact knowledge, or other circumstances could…
May a criminal-court judge solicit local businesses on judicial letterhead for supplies for a court sentencing program?
No. The Commission prohibits the proposed direct solicitation for a litter-squad alternative to incarceration, even though Canon 4 permits some work to improve the justice system.
Must a judge recuse when a party is represented by the lawyer-spouse of the judge’s judicial assistant?
Yes on the stated facts. The Commission says insulating the assistant from this lawyer’s significant caseload would be impractical, and the resulting disqualification cannot be remitted.
Do a litigant’s multiple ethics complaints and accusatory letters automatically disqualify the judge?
No. The Commission says filing many complaints and circulating accusations alone do not require recusal, while actual bias or extraordinary circumstances could change the analysis.
Must a judge disclose possible juror ineligibility learned after trial, and does that information disqualify the judge from a new-trial motion?
The Commission requires disclosure to the parties. It says the unproven information did not disqualify the judge from deciding the motion on the stated facts.
May a judge appear in a local bar program’s informational video recruiting volunteer lawyers?
Yes on the presented facts if the complete video complies with the Canons. The Commission had only a partial script and did not approve its unseen content.
May a judge directly solicit charitable donations from other judges and publish their names and titles?
No. The Commission says Alabama’s Canons contain no judge-to-judge exception to the direct-solicitation restriction, and publicizing judicial donors would use the prestige of their offices for fundraising.
May a supreme court justice appear in judicial robes in an alma mater’s television commercial?
Yes on the described facts. The Commission allowed a brief, unidentified photograph among many alumni because the ad did not single out the justice or use her title for promotion or fundraising.
Is a judge disqualified from a refund suit against the Employees’ Retirement System because of judicial retirement benefits?
No on the stated facts. The Commission says the separate judicial retirement fund gave the judge no financial interest that the Employees’ Retirement System suit could substantially affect.
May a domestic-relations judge serve as an officer of a civic group promoting healthy marriage?
Yes under the group’s stated goals and Canon 5B limits. The Commission says the judge must avoid legal advice and litigant referrals and reassess activities that could compromise impartiality.
May an appellate judge serve on Alabama’s governmental community service commission?
The Commission said Canon 5G discouraged but did not prohibit membership, provided the work complied with Canons 2A, 3, and 5F. It did not decide whether the seat was an office of public trust.
May a judge and judicial candidate work on a county campaign committee for a nonjudicial statewide candidate?
Committee service and some behind-the-scenes work were strongly discouraged but not categorically barred. The Commission prohibited hosting the candidate and identifiable campaign calls because they…
May a judge assign a former Legal Aid lawyer as referee in a case involving another Legal Aid lawyer?
The judge may not do so if the appearing lawyer worked on the matter in controversy during the referee’s Legal Aid employment. The Commission applies the same disqualification standard to a referee…
Must a judge recuse when a party is represented by the law partner of the judge’s judicial assistant’s husband?
The affiliation alone does not settle recusal. The Commission requires disclosure and disqualification for a substantially affected interest or additional facts questioning impartiality; only the…
May a judge oppose parole in a case the judge prosecuted years earlier as an assistant district attorney?
Yes. The Commission permits input from the former prosecutor but says the letter must use no judicial letterhead or title and must stay within facts known from the earlier prosecution.
May a judge appoint lawyers from a firm where the judge’s daughter serves of counsel?
Yes unless the daughter has a substantially affected interest, the judge develops party bias, or other facts reasonably question impartiality. The opinion allows disclosure and treats only the…
May a municipal judge order defendants into a domestic violence course operated by the judge’s lawyer-tenant?
No. The Commission says the judge must recuse from cases where the program is an option, and cannot continue leasing to that lawyer if such cases would regularly come before the court.
May a full-time referee who regularly sits as a special circuit judge continue while running for the state legislature?
No on these facts. The Commission treats the referee as a judge pro tempore and applies Canon 7A(2)’s resignation rule for candidacy for nonjudicial office.
May a part-time active-retired judge practice law, consult, mediate, and help charities raise funds?
Yes within the Canons applicable to that status. The Commission permits law and mediation work subject to impartiality and duty limits, and permits cautious fundraising without judicial title or…
May a municipal judge hear cases involving an attorney who shares the judge’s law firm secretary and plans to rent space in a building partly owned by the judge?
No. The Commission found the judge disqualified when the attorney represents a party because the judge and his law firm receive income from the attorney.
May a newly appointed judge continue serving without pay as shareholders’ agent for a bank-sale escrow?
Yes on the submitted facts. The Commission found that the fiduciary role met Canon 5D’s conditions because it would not interfere with judicial duties or involve matters ordinarily before the judge.
Is a judge disqualified because the defendant in a criminal case works for the same school board as the judge’s spouse?
No on the stated facts. Shared employment alone did not require disqualification where neither the spouse nor the school board was a party and neither the judge nor spouse had an interest affected…
Must a judge leave an estate case when a part-time household employee gives testimony also supplied by other witnesses?
No on the stated facts. The Commission found the employee was not a material witness and identified no other fact reasonably calling the judge’s impartiality into question.
Is a judge disqualified from a case against a city and its inspector after a dispute over the judge’s hurricane debris removal cost has been resolved?
No on the submitted facts. After the debris-cost issue was resolved without charge, the Commission found no reasonable question about the judge’s impartiality.
Is a judge disqualified from capital murder cases after briefly standing in for a law partner who represented a victim-witness in unrelated matters?
No on the stated facts. The Commission found the judge’s brief, limited assistance in unrelated matters did not reasonably call his impartiality into question.
Do an unrelated old prosecution, complaints by a litigant, remote former employment and firm ties, and an unsupported investigation allegation disqualify a judge?
No on the submitted facts. The Commission assessed each asserted ground and their combined effect, finding no reasonable question about the judge’s impartiality.
Must a judge recuse from a juvenile probation case when the judge’s spouse represented the school board about the underlying suspension incident?
Yes on the stated facts. The Commission found the juvenile could reasonably question impartiality because the spouse had acted as school board counsel regarding the underlying incident.
May a circuit judge publish in a newspaper the names, photographs and addresses of people convicted of sex offenses in the judge’s court?
No. The Commission concluded that the proposed publication was outside judicial duties and would undermine the appearance of judicial independence and impartiality.
Is a judge disqualified because the judge’s spouse recently left a law firm representing a party, if she never worked on the case?
No under the stated assumption. The Commission found no reasonable question about impartiality where the spouse no longer worked at the firm and had never been involved in the case.
Must a judge recuse when a criminal defendant is the son of the judge’s longtime personal physician?
Yes on the submitted facts. The Commission found enough circumstances to create a reasonable question about impartiality despite the judge’s belief that he could decide fairly.
Must a circuit judge who does not run a drug court recuse from cases involving a large private donor to that program?
The Commission said this judge was not disqualified on the stated facts unless he personally felt he might be affected. His connection to the donor-funded program differed materially from the judge…
May a judge continue after a close relative enters a case late and the retaining party refuses to remit the resulting disqualification?
Yes if the judge determines that the late-appearing relative may not participate or that the retaining party has waived disqualification by adding the relative after contested issues were heard. The…
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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.