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 judge handle bond matters when two uncles own a local bail bond company?
The judge could require a professional bond when he did not know which company the defendant would choose. He could not set bond knowing his uncles would be bondsmen or preside over forfeiture,…
Must a judge recuse when a close relative helps prepare a case without appearing as counsel?
Yes. The Commission held that a judge is disqualified when a relative within the fourth degree assists trial counsel in the same firm with preparing or trying the case, even without appearing in…
Must a judge recuse because a lawyer in the case recently ran against the judge?
No, absent personal bias or prejudice or extraordinary circumstances reasonably calling impartiality into question. The Commission found the defeated opponent's appearance alone insufficient on the…
Is a judge disqualified from city appeals because the judge's daughter works for the city's law firm?
No automatic disqualification arose from the daughter's receptionist and secretary job. The Commission required a case-specific assessment, and said recusal would be required if she discussed the…
May a lawyer who occasionally sits as a municipal judge still represent clients in that court?
Yes, for the sporadic pro tempore service described. The Commission distinguished an on-call part-time judge and said the lawyer could not act as counsel in a proceeding in which he had served as…
Do a political party's campaign contribution and a caucus endorsement disqualify a judge from an officer's case?
No, if the judge could preside impartially on the facts given. The Commission distinguished the party's $259,700 contribution from a personal contribution by the litigant and found the party…
Does a prior recusal or ordinary acquaintance with a party require recusal in a later case?
No, on the facts presented. The earlier recusal arose from the judge's husband's stock in a corporation that was absent from the new case; her limited social acquaintance with the current parties…
Must a judge recuse from a lawyer's cases because that lawyer rents office space to the judge's son?
No. The Commission found no disqualification from the proposed lease alone where the attorney and the judge's lawyer son had separate offices and presented themselves separately.
Does resignation from a college advisory committee end recusal in litigation involving a trust benefiting the college?
No, for the trust case described. The Commission kept its recusal conclusion after resignation, applied recusal to accountings of that trust concerning the judge's committee service period, and…
Must a judge recuse from a paternity case after the judge's spouse represented a party in related custody litigation?
Yes, under the specific facts presented. The Commission found a reasonable question about impartiality despite the spouse having withdrawn from the earlier divorce and custody case.
Must a judge recuse if the judge's judicial assistant works part-time for an appearing lawyer?
Yes. The Commission held that an assistant's part-time work for an attorney or firm representing a party would reasonably call the judge's impartiality into question in that lawyer's or firm's cases.
May a disqualified probate judge appoint a temporary judge to hear the affected cases?
No. The Commission applied Ex parte Jim Walter Homes and held that the judge could not appoint temporary judges for cases from which he was disqualified. It did not decide the legal procedure for…
Do an alleged friendship, small campaign donations, shared political party, and law school require recusal?
No, under the facts presented. The Commission found no disqualification from the unfounded friendship claim, two $100 donations, shared party affiliation, shared law school, or their combined effect…
May a judge and an appointed referee hear cases involving lawyers from the referee's former firm?
The judge could hear a case handled by a former partner if the referee did not participate. The judge had to keep the referee from matters involving former partners who worked on that matter and…
Must a university trustee judge recuse from a malpractice suit against doctors employed by its hospital?
Yes. Though the university was not a party, the case involved its hospital's employees and could reflect on the hospital or clinic, creating a reasonable question about the trustee judge's impartiality.
May a judge sign a scouting fundraiser letter to a city that regularly litigates before the judge?
No. The Commission rejected the proposed letter because it used the judge's title to request city funds and the city regularly appeared as a party before the judge.
May a newly elected judge finish estate cases from a former law practice after taking office?
No. The Commission held that continuing as counsel even for cases expected to close within ninety days would violate Alabama Canon 5F's bar on practicing law after assuming the bench.
Does a litigant's allegation that a former city attorney judge likely knows disputed facts require recusal?
No, if the judge carefully determines that he has no actual personal knowledge of disputed evidentiary facts. The Commission said a mere allegation of likely knowledge does not itself trigger Canon…
When may a new probate judge hear former wards' cases, and may he reappoint a former firm associate as conservator?
The judge could not hear former wards' or payees' cases for two years after the fiduciary relationship ended, or a previously litigated related matter, bias case, or case involving disputed-fact…
Must a judge recuse from a diocesan property dispute when the judge belongs to another parish in that diocese?
Yes, on the facts described. The Commission distinguished ordinary church membership from this dispute over a parish's relationship with its diocese and found a reasonable question about…
May a judge write local lawyers asking them to support a legal aid program?
No, for the proposed letter. The Commission treated the request for help as a solicitation of funds or services and found that sending it to local bar members would raise a question about the…
May a judge stay on the YMCA board when the court sometimes refers youths to its alternative program?
Yes, on the facts presented. The program had no comparable local competitor, referrals generated no fees, and the board set policy rather than running daily operations. The Commission cautioned that…
Does a judge remain disqualified from a lawyer's cases after a class action involving the judge ends?
No, on the facts presented. After the judicial-compensation class action ended, the Commission found no unusual circumstance continuing to call impartiality into question in other cases involving…
May a circuit judge serve on a board recommending use of local law enforcement grant funds?
Yes, under the proposed cross-sector advisory role. The Commission found the nonbinding funding recommendations aimed to improve justice administration and did not imply allegiance to police…
Which ties disqualified a judge from a charitable-trust suit involving a college?
The judge was disqualified if the college whose advisory committee he served belonged to the beneficiary class or would likely be affected. Resigning would not remove that ground. His former YMCA…
What did withdrawn Alabama Opinion 00-763 say about a judicial candidate questionnaire?
The withdrawn 2000 opinion said candidates should decline all questions on the specific voters-guide questionnaire. The official PDF marks the opinion withdrawn on July 19, 2002, so its original…
May a circuit judge serve as a public consumer member of a physician certification association's board?
No. The Commission held that board service would adversely reflect on the judge's impartiality and conflict with judicial duties because physician certification could bear on medical liability…
Must a judge recuse when a former election opponent or the opponent's supporters appear as lawyers?
No, absent personal bias, prejudice, or extraordinary circumstances reasonably questioning impartiality. The Commission rejected recusal based solely on the lawyers' election roles and the disputed…
May a judge accept a scouting award and be named on an invitation selling dinner tickets?
Yes, on the stated facts. The judge could accept the Distinguished Eagle Scout Award and appear by name on the invitation because he would not solicit ticket or advertisement sales and the annual…
How does a family wrongful-death suit against a hospital affect a judge's other cases?
The judge was disqualified from medical liability cases involving the hospital and cases involving lawyers in the family suit. The Commission generally excluded their uninvolved firm colleagues and…
Must a judge recuse from a lawyer's cases after finding that lawyer in criminal contempt?
No automatic recusal followed from the contempt finding or appeal. The Commission said recusal would depend on actual bias concerning a party or circumstances reasonably questioning impartiality,…
May a judge hear a case where a court-appointed child-support referee appears as a lawyer?
No. The Commission held the judge disqualified because the referee regularly assisted the judge and held a position of close trust, making impartiality reasonably questionable when the referee…
May a judge decide bond issues when the judge's paralegal owns the company that issued the bond?
No. The Commission held the judge disqualified from adjudicating any issue involving a bond issued by the paralegal's company, even though she assisted only with the civil docket and did not…
May an outgoing probate judge publicly endorse a candidate to succeed the judge?
Yes, for the proposed paid political advertisement. The Commission found no per se ban and no violation in its text or photo, while warning that the endorsement's substance still had to comply with…
Must every judge in a circuit recuse when their shared child-support referee appears as counsel?
Yes. All judges who regularly assigned child-support matters to the shared referee and approved his orders were disqualified from cases in which he represented a party.
May a judge provide an endorsement letter for a charity's grant and fundraising requests?
The Commission said charity fundraising was discouraged but not absolutely banned. It barred the proposed use of judicial title, position, or official letterhead in a fundraising endorsement and…
Must a judge recuse from an adoption case brought by a coach connected to the judge's athletic club?
Yes. On the totality of the facts, the Commission held that the judge's role as athletic club president and repeated interaction with the high school's athletic director and coach, who was a party,…
Do a litigant's televised allegations against a judge require the judge to recuse?
No, on the facts presented. The judge had not seen the broadcast, reported no personal bias, and the Commission found no special circumstances otherwise calling impartiality into question.
May a judge speak at a sexual assault rally sponsored by a group active in prosecutions?
No, for the proposed speech. The Commission found that a supportive rally address, given the event and sponsoring center's participation in sexual-assault prosecutions, would adversely reflect on…
Must a judge recuse when the prosecutor in a pending case says she plans to run against the judge?
No, absent bias or other facts reasonably questioning impartiality. The prosecutor had handled pretrial work before telling the judge she intended to become an opponent, and the Commission found the…
May a judge accept a bank's invitation to dinner and a basketball game?
Yes, under the facts presented. The invitation went to many community figures, the event was not lavish, and the bank had no pending case and was not a frequent litigant before the judge.
May a judge cohost an informational meeting introducing a charitable women's fund?
Yes, if the participation did not adversely reflect on impartiality or interfere with judicial duties. The planned meeting had no direct solicitation or fundraising brochures, though the judge would…
May a sitting judge put the state court seal on reelection campaign stationery?
No. The Commission held that the seal would make campaign stationery appear official, even with noncourthouse contact details. It allowed accurate use of the title 'Judge' and left the cited…
May a judge promise an election oversight committee not to report campaign misconduct?
No. The Commission held that an advance promise not to report campaign violations would improperly surrender the judge's ability to decide when Canons 3B(3) or 7C(1) required reporting.
May an Alabama judge voluntarily give a character reference in another judge's pending sentencing case?
No. The Commission said the judge could testify when officially summoned or respond to an appropriate agency's request, but could not initiate a sentencing reference or send one at a defendant's or…
Could a newly appointed municipal judge keep representing city council members in a suit brought by the mayor?
No. The Commission found that continuing the representation created an appearance of impropriety under Canon 2; it left application of the municipal-employment statute to the courts or Attorney General.
May a judge appoint a cousin who rents from the judge's spouse or the judge's own attorney-tenant as defense counsel?
No to either appointment on the stated facts. The cousin fell within the prohibited kinship, and appointing the judge's tenant through a discretionary process could reasonably call impartiality into…
When did a district judge whose spouse was mayor have to step aside from matters involving city police?
The Commission disqualified the judge from city-police-initiated high-bail requests and search warrants absent an emergency. Other listed proceedings required recusal only for a specific Canon 3C(1)…
When would a former client or a judge's family physician as a party require recusal?
The Commission adopted a two-year disqualification period after unrelated former-client representation ended. It found no recusal required for the physician parties in the described large…
Could a municipal judge serve on the board of a council that both employed court referral officers and provided paid DUI classes?
No on these facts. The Commission said board service for the referral-officer contractor alone was permissible, but the council's role as a fee-receiving treatment provider made the judge's…
Could a retired active judge write a book about capital cases tried before retirement?
The Commission barred writing about a pending case, including one still on appeal, and said a judge should not write about a capital case before the death sentence was carried out. Even after final…
Could a judge use the judicial title in a newspaper letter praising a legislator?
No, for the proposed letter. The Commission found it could be read as a public endorsement and later used in the legislator's campaigns, implicating judicial independence, prestige, and…
Could a judge hear a case in which a regularly appointed part-time referee represented a party?
No. The Commission said the referee's ongoing assistance put the attorney in a position of close trust with the appointing judge, so impartiality could reasonably be questioned when the referee…
Could a judge hear a juvenile petition filed by the judge's police-officer son or a case where the son would testify?
The Commission said recusal was required for petitions the son initiated and for cases where the son was likely to be a material witness. It said those grounds were subject to Canon 3D's written…
Could a district and juvenile judge accept an unpaid appointment to the city board of education?
No on the stated facts. The Commission found that board service would adversely reflect on impartiality given the school-related matters before the judge, while leaving the constitutional…
Could a judge serve in an advisory role on the board of Aid to Inmate Mothers?
Yes, within Canon 5B's limits. The Commission relied on the absence of inmate contact and fundraising, while barring legal or investment advice and requiring the service not to impair impartiality…
Could an appellate judge join parents lobbying for a school-bus seatbelt mandate?
No on the stated facts. The Commission said related issues were likely to reach the judge's court, so advocacy for a particular substantive law would call the judge's ability to decide impartially…
When did a judge have to recuse after a lawyer in a pending case was retained to represent the judge?
The Commission said disqualification began when the case lawyer was engaged as the judge's attorney, barring further action even in submitted cases. It also covered a firm colleague actively working…
Could a judge hear a suspended-sentence revocation motion based on a report prepared by the judge's probation-officer sister?
No. The Commission required recusal whether the sister would be a material witness or initiated the matter through her report; it said the disqualification was subject to Canon 3D remittal.
Did prior professional and personal links with a lawyer-party automatically disqualify a judge?
No on the stated facts. The Commission found past referrals, prior representation by the lawyer's firm, small campaign gifts, and a former teacher relationship insufficient by themselves, assuming…
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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.