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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Must an appellate judge recuse when a staff member’s spouse works for the prosecutor’s office or the trial judge under review?
No automatically. The opinion required excluding the staff member from affected cases and distinguished the senior staff attorney’s supervisory role from a temporary law clerk’s role.
May judges write an explanatory article for a trade magazine and appear with its president on the cover?
Yes, if the article informs readers about the legal process and the cover appearance does not promote one side of an issue or cast doubt on impartiality.
Did the judge have to recuse because the defendant’s aunt married the judge’s spouse’s first cousin?
Opinion 97-666 originally said yes, but the Commission expressly superseded it with 97-677, which held that this relationship did not require recusal.
Must a judge recuse when a party’s law firm employs the judge’s daughter or son-in-law but that relative does no work on the case?
No on the facts stated. The Commission found no required recusal where the relatives were nonparticipating associates whose pay was not expected to be directly affected.
Must a judge recuse from a criminal case prosecuted by the judge’s nephew?
Yes. The Commission required recusal for a lawyer-relative within the fourth degree, while allowing possible remittal through Canon 3D’s procedure.
May a judge serve on the board of a public authority financing an amusement and public park project?
No. The Commission treated the public authority board as a Canon 5G position outside the law and justice purposes permitted for judicial service.
May an Alabama judge receive an earned contingent fee from a former law firm after taking the bench?
Opinion 97-659 permits payment after the judge takes the bench if the basis for calculating the judge's share was established beforehand. An established but unpaid share does not, for that reason…
Must a judge recuse when the judge’s brother-in-law is in-house counsel for a corporate party’s parent company?
Yes on the facts stated. The Commission found the attorney-client relationship and corporate connection created a reasonable impartiality question.
May a judge appoint a relative within the fourth degree as guardian ad litem after a minor nominates that lawyer?
No. The Commission barred the appointment and said the disqualification could not be remitted in this proceeding because the attorney-relative stood in for the minor.
Must a judge recuse when a party is represented by a lawyer who rents office space from the judge?
Yes. The Commission held that rent paid by the lawyer to the judge created a financial relationship requiring recusal from that lawyer’s cases.
How did Alabama JIC Opinion 97-658 address a judge's former clients in unrelated cases?
Opinion 97-658 disqualified the judge from one case involving a former long-term client and left another fact dependent. The JIC marked it modified by Opinion 99-740, which adopted a two-year…
May an Alabama judge socialize with a lawyer-friend convicted of a federal crime?
Opinion 97-657 says private and public interactions are not categorically barred, but they can create an appearance of impropriety under Canons 1 and 2. Mere attendance at the same church is not…
Does a judge’s Bar complaint against an attorney-litigant automatically disqualify the judge?
Opinion 97-656 says the judge’s ethical complaint against an attorney-litigant does not itself require disqualification. Recusal is required if the judge becomes personally biased or prejudiced…
Does a litigant’s complaint to the Alabama JIC require the judge to recuse?
Opinion 97-655 says a litigant’s complaint against the judge, including its allegations, does not by itself require disqualification. The judge must step aside if the complaint produces personal…
Must an Alabama judge remain recused after a first cousin withdraws as counsel?
Opinion 97-654 says recusal was required while the first cousin appeared as counsel but ceased to be required after withdrawal, absent extraordinary circumstances raising a reasonable question about…
Is an Alabama judge disqualified when counsel works at the judge’s sister-in-law’s firm?
Opinion 97-653 says another lawyer’s membership in the sister-in-law’s firm does not itself disqualify the judge. Disqualification can arise from personal bias, a substantially affected interest, or…
Is an Alabama judge disqualified when a party’s lawyer works with the judge’s cousin’s husband?
Opinion 97-652 says a law firm connection to the judge’s cousin’s husband does not alone require disqualification. The judge must disclose the relationship and assess bias, an affected financial…
May an Alabama judge reject reassigned cases because of a heavy regular workload?
Opinion 97-651 says a judge may not peremptorily reject cases properly assigned by the presiding judge. Heavy workload may mitigate a prompt-disposition charge but does not completely excuse delay.
May a full-time Alabama district judge mediate a circuit-court action without pay?
Opinion 97-650 says a full-time district judge may not mediate a case not before the judge, even with the parties’ agreement and no fee.
May an Alabama judge explain a criticized sentence after the appeal period expires?
Opinion 97-649 says the judge should not explain the sentence to a critic, even if the judge offers to recuse from any later Rule 32 petition.
Is a judge disqualified because counsel’s son practices medicine with the judge’s father and brother?
Opinion 97-648 says no on the stated facts. The medical practice was not a party, and the relatives had no interest in the outcome or likely role as material witnesses.
Does a party’s membership in the same professional association as a judge’s father and brother disqualify the judge?
Opinion 97-647 says no on the stated facts. The large association was not a party, and shared membership by the judge’s father and brother did not itself call the judge’s impartiality into question.
Must a judge recuse from an appeal by a trooper suspected in an attack on the judge’s home?
Opinion 97-646 requires recusal where the trooper was a suspect in an unsolved shotgun attack on the judge’s house and appealed a termination tied to that investigation.
Does a judge’s earlier campaign contribution to another judge disqualify the donor from a reassigned case?
Opinion 97-645 says no on the stated facts: the donating judge’s contribution eight years earlier did not require disqualification from a Rule 32 case reassigned by the recipient judge.
May an Alabama judge file an amicus brief on county jail conditions in a pending federal case?
Opinion 97-644 says the judge may not file such a brief in this or any other action, even though jail conditions affect people the judge sentences and the judge’s official work.
May an Alabama appellate judge rejoin a case after the firm of the judge’s spouse’s lawyer withdraws?
Opinion 97-643 says the judge was not disqualified merely because the spouse’s lawyer’s firm appeared in the case; the judge could resume review after that firm withdrew.
May an Alabama judge accept paid consulting work on in-state child welfare projects?
Opinion 97-642 permits the described paid, continuing in-state consulting unrelated to law, subject to Canons 5 and 6 on impartiality, duties, judicial position, compensation, and payment sources.
Must an Alabama judge take action in completed cases involving lawyer tenants?
Opinion 97-641 says no action was required for already concluded cases involving the lawyer tenants on the facts submitted, while noting possible exceptions if impartiality is actually challenged or…
Does selling rental property end a judge’s disqualification from cases involving lawyer tenants?
Opinion 97-640 says disqualification ends when the judge divests the property, unless a covered relative retains a substantially affected interest or other facts still reasonably question impartiality.
Is an Alabama judge disqualified from a divorce case after ruling in the plaintiff’s earlier divorce?
Opinion 97-639 says the judge is not disqualified merely because the judge ruled on motions and learned facts in the plaintiff’s earlier divorce. Knowledge from judicial proceedings and adverse…
Does a confidential judicial assistant’s spouse running for the Legislature disqualify the judge?
Opinion 97-638 says election or service alone does not disqualify the judge. If the spouse becomes a litigant, disqualification may arise unless the assistant takes no part in the case and does not…
Must an Alabama municipal judge step aside when a party is represented by the judge’s spouse’s first cousin?
Opinion 97-637 says the judge is disqualified when the spouse’s first cousin represents a party, subject to the Canon 3D remittal procedure.
Does a petitioner’s accusation against the judge require recusal from a Rule 32 petition?
Opinion 97-636 says no on the stated facts. The accusation did not produce personal bias or prejudice in the judge, who said the judge could decide the petition impartially.
May an Alabama judge chair a governmental child fatality review panel?
Opinion 97-635 says the judge should not accept the appointment because the panel’s child-protection policy work does not primarily concern improving law, the legal system, or the administration of…
Must a municipal judge step aside from city cases when the judge’s son serves on the council?
Opinion 97-634 says yes. The son is an officer of the city as a council member, and Canon 3C(1)(d)(i) disqualifies the judge when that city is a party, in civil and criminal matters.
Must an Alabama judge disclose a loan from a plaintiff bank before default judgment against a nonanswering defendant?
Opinion 97-633 says the judge need not disclose the loan to a defendant who has not answered and may enter the requested default judgment in that situation.
When must a circuit judge step aside from city appeals or cases because the spouse is a municipal judge and city employee?
Opinion 97-632 disqualifies the circuit judge from an appeal if the spouse participated below. Other city cases are not automatically barred by the spouse’s employment; affected interests, witness…
May a part-time retired judge hear a case involving a title insurer for which the judge has worked?
Opinion 97-631 disqualifies the retired judge from a special supreme court case brought by a title insurer for which the judge had performed and was authorized to perform title-insurance work.
May an Alabama judge chair the IMPACT program board under the limited role described in Opinion 96-630?
Opinion 96-630 permits the judge to chair the IMPACT board on its stated facts, including no fundraising, daily oversight, or staff supervision by the judge.
Must a judge step aside because a lawyer appearing before the judge sued the judge in an official capacity?
Opinion 96-629 says the official-capacity suit does not alone disqualify the judge. Personal bias against the lawyer or additional facts reasonably questioning impartiality could require recusal.
When is a probate judge disqualified because counsel is the judge’s son-in-law or his law partner?
Opinion 96-628 disqualifies the probate judge when the son-in-law represents a party. Another lawyer from the son-in-law’s firm does not alone require recusal, but bias, an affected interest, or…
Does a judge’s father and brother belonging to a hospital corporation disqualify the judge from hospital litigation?
Opinion 96-627 says no on the stated facts, unless a relative is a party, has a substantially affected interest, is likely a material witness, or was personally involved in the matter.
Is a judge disqualified from a custody modification because the wife once asked the judge for representation?
Opinion 96-626 found no basis for disqualification on the stated facts where the judge had declined the wife’s earlier request for representation and had no recollection of it.
What was the status of Alabama JIC Opinion 96-625 on a judge serving on a juvenile facility board?
Opinion 96-625 was withdrawn and replaced by Opinion 97-678 on October 3, 1997. The withdrawn letter had opposed board service where the judge regularly referred juveniles to the facility; the later…
What is the status of Alabama JIC Opinion 96-624 on a judge’s youth counseling board service?
Opinion 96-624 was overruled by Opinion 97-678 on October 3, 1997. The original letter opposed board service where the judge regularly referred juveniles to the program; the later opinion reached a…
Must a judge recuse when counsel’s colleague represented the judge’s adult son’s opponent?
Opinion 96-623 says no on the stated facts: the judge had no direct involvement in the adult son’s unrelated, settled case and a different firm lawyer handled it.
Is a judge disqualified from unrelated cases handled by a law firm opposing the judge’s former client?
Opinion 96-622 says the judge is not disqualified on the stated facts, despite being a witness in separate prenuptial-agreement litigation involving that firm.
Does a judge’s father and brother working at a hospital disqualify the judge from hospital cases?
Opinion 96-621 says their staff privileges and nonprofit membership do not alone disqualify the judge under the stated limits. Bias, affected interests, likely testimony, or a more extensive role…
Which ties disqualify Alabama judges from a trust dispute involving former law partners and a court reporter’s family?
Opinion 96-620 disqualifies the former partner judge because the partners advised on a matter now in controversy. Earlier orders confirming trustees and a court reporter’s family tie do not alone…
May a judge write school boards and libraries to sell a children’s book the judge wrote?
Opinion 96-619 permits the letters on the stated facts if the judge does not use judicial title or office or otherwise exploit judicial position.
May a judge write the State Bar about a lawyer’s conduct in a case at the lawyer’s request?
Opinion 96-618 permits a letter describing facts within the judge’s knowledge, but says the judge should not volunteer as a character witness and generally should testify only if officially summoned.
Does a judge’s former ownership of bank stock require recusal when the bank becomes a party?
Opinion 96-617 says former ownership alone does not disqualify the judge. Current stock ownership would require disqualification, and unusual circumstances may sustain a reasonable question about…
May a probate judge hear a case involving a lawyer who represents the judge elsewhere?
Opinion 96-616 disqualifies the judge while that lawyer represents the judge. The judge cannot postpone a nonurgent case until the conflict ends, though a statutory chief clerk may act in a wholly…
Must an Alabama judge be officially summoned before testifying in a legal proceeding?
Opinion 96-615 requires an official summons before a judge gives character testimony. Other testimony has no blanket summons rule, but the Commission generally favors testimony only when officially…
May a part-time municipal judge hear a criminal charge against a circuit judge before whom the municipal judge practices law?
Opinion 96-614 requires disqualification because a reasonable observer could question the municipal judge’s impartiality when the defendant is a circuit judge before whom the municipal judge appears…
Do old social connections and modest campaign contributions disqualify a judge from a divorce case?
Opinion 96-613 finds no disqualification from the stated old academy connection, neighbor relationship with a party’s parents, and 1988 campaign contributions.
Must a municipal judge recuse from bond forfeiture cases because the bondsman is running for the city council that appoints the judge?
Opinion 96-612 says candidacy alone does not require disqualification. The Commission declined to decide the separate, hypothetical question involving a bondsman already serving on the council.
Does a divorce litigant's former partnership with the lawyer representing the judge's brother-in-law disqualify the judge?
Opinion 96-611 says the former partnership alone does not disqualify the judge. A retained financial interest in the brother-in-law's case also does not, provided the litigant performed no…
May an Alabama judge teach a law firm CLE and accept food, lodging, and entertainment for the judge and spouse?
Opinion 96-610 permits the CLE if judicial duties and impartiality are preserved. Food and lodging for the judge and spouse are limited to the period reasonably needed for the seminar, and any…
May a retired Alabama judge serving part-time on the circuit court also consult for the county on detention-facility population?
Opinion 96-609 permits the proposed county consulting if it does not interfere with judicial duties or cast doubt on impartiality. If the work involves regular inmate contact, the Commission advises…
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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.