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 Alabama judge recuse from appeals handled by the law firm employing the judge's law student son as a staff assistant?
Opinion 96-608 says the son's employment alone does not require recusal. Disqualification depends on his interest or participation and whether the full circumstances reasonably question the judge's…
Do unsolicited campaign contributions from lawyers or their firms require an Alabama judge to recuse?
Opinion 96-607 finds no disqualification on the stated contribution and investiture facts. Additional facts that reasonably question the judge's impartiality would require disqualification.
Must an Alabama judge recuse when a party’s law firm formerly represented the judge’s spouse in an unrelated case?
Opinion 96-606 says the prior representation does not require continued recusal after it ends, absent extraordinary circumstances under Canon 3C. The Commission found none in the stated facts.
Does selling a trust’s stock in a party company remove a judge’s financial-interest disqualification?
Opinion 96-605 says disposal of the stock removes the judge’s disqualification under Canon 3C(l)(c) on the stated facts.
May an Alabama circuit judge author and market software that calculates workers’ compensation benefits?
Opinion 96-604 permits the judge to write and market the described software, provided the judge does not use judicial position to market it or let the marketing interfere with judicial duties.
Does a judge’s spouse’s past tourism-funding advocacy require recusal from an education-funding case?
Opinion 96-603 finds no disqualification on the disclosed facts, including the spouse’s former office, later letters, no stated effect on the judge’s impartiality, and no objection from counsel.
Must a judge recuse from a separate suit sharing a defendant and lawyer with a class action in which the judge is an absent class member?
Opinion 96-602 finds no disqualification on the stated facts: the judge was an absent class member in the other action, the claims differed, and the judge had no financial interest in the pending case.
Is a judge disqualified when former law partners advised on a different provision of the same will now being litigated?
Opinion 96-601 says no: the former partners’ advice concerned a separate will provision and neither the same nor a truly related matter in controversy.
Will the Alabama Judicial Inquiry Commission define a presiding municipal judge’s legal authority over the court clerk’s office?
Opinion 96-600 declines to interpret the municipal judge’s legal authority over the clerk’s office. It offers to address a specific proposed action under Canon 3B(l) and identifies other officials…
Does a judge’s joint property ownership and borrowing with a lawyer disqualify the judge from cases handled by that lawyer’s firm?
Opinion 96-599 finds no disqualification on the stated facts, including that the lawyer had no significant stake in the litigation. It says additional financial circumstances can make recusal necessary.
Does withdrawing as a named plaintiff cure recusal when a judge also contributed money to an unrelated class action?
Opinion 96-597 says the judge remains disqualified from the specified unrelated cases because of a monetary contribution to the class action, without deciding the effect of withdrawing as a named…
May an Alabama judge host a charitable fundraising dinner at home and use the judicial title on invitations?
Opinion 96-596 discourages, but does not absolutely prohibit, hosting the dinner. It says the judge’s title should not appear on the invitation and judicial prestige must not be used to solicit funds.
May a judge hear a forgery case when a closely held corporation in which the judge owns stock is an alleged victim?
Opinion 96-595 disqualifies the judge even though the corporation is not a party to the criminal case; the disqualification is subject to remittal under Canon 3D.
Does an attorney’s escrow of money owed to the judge disqualify the judge from a case involving that attorney?
Opinion 96-594 finds no disqualification on the stated facts: the attorney held about $9,000 from a business sale for taxes and possible claims, and the attorney’s firm did not represent the judge.
May a part-time municipal judge practice in a professional corporation with the same city’s attorney?
Opinion 96-593 permits the firm only under the stated separation of judicial pay, city-attorney income, and prosecution work, and if the judge does not sit in any case in which the city attorney…
Must a judge recuse from a custody case after receiving a signed petition intended to sway the judge as an elected official?
Opinion 96-592 finds no recusal on the stated facts. The petition did not reasonably question impartiality, and the judge said it would not influence the decision.
May a judge choose the court deposit bank while holding an account there or serving as trustee of a shareholder trust?
Opinion 96-591 permits selection of a bank where the judge merely has an account absent possible personal benefit, but rejects combining selection authority with trusteeship of a trust holding stock…
Must a judge disclose or recuse when an attorney who briefly represented the judge years earlier appears?
Opinion 96-590 finds neither disclosure nor recusal required on the stated facts: the unrelated matter had ended about eleven years earlier, and no extraordinary circumstances appeared.
May a circuit judge remain on a local bar executive committee that investigates attorney grievances?
Opinion 96-589 concludes that the judge should not continue on the committee when the role includes investigating or resolving grievances against local lawyers.
Must an Alabama judge explain an own-motion recusal, and what should a presiding judge do about a pattern of unjustified recusals?
Opinion 96-598 declines to decide whether the recusing judge must give reasons. It says a presiding judge should inquire into a possible pattern of unjustified recusals and report an unsatisfactory…
Is a judge disqualified when a party’s lawyer also represents someone suing the judge’s spouse?
Opinion 95-588 concludes that the judge is disqualified on those facts and applies its earlier rulings treating the judge and spouse as one for attorney-relationship disqualification.
Should Court of Civil Appeals judges recuse from a contract case against the state chief justice?
Opinion 95-587 concludes that the appellate judges should recuse under the totality of the circumstances to avoid an appearance of impropriety, without finding actual bias or imposing a rule for…
Can a litigant create a family-based disqualification by hiring the judge’s relative after contested proceedings?
Opinion 95-586 treats a party who hires the judge’s relative as counsel after a contested issue has been heard or decided as agreeing to remittal, while preserving the other parties’ right to decline it.
Does being a utility customer and city resident disqualify a judge from a service-area dispute?
Opinion 95-585 finds no disqualification from mere city residence or a speculative customer benefit, but says the judge is disqualified if the outcome could substantially affect the judge’s…
Must a judge recuse when counsel’s firm is involved in litigation about the judge’s salary supplement?
Opinion 95-584 disqualifies a judge who opts out of the class and helps fund opposition to the suit from hearing cases involving the class plaintiff’s attorney or that attorney’s firm.
Does a judge’s membership in a salary class action disqualify the judge from cases involving class counsel’s firm?
Opinion 95-582 finds no disqualification for an absent class member, but disqualifies a judge who is named, intervenes, or contributes litigation funds from cases involving class counsel or that…
May a judge hear a case involving counsel for a judicial-salary class action that includes the judge?
Opinion 95-581 distinguishes a judge merely included in the salary class, who may hear the case under the Rule of Necessity, from a named party, representative, or funder, who is disqualified.
May a judge leave accumulated profit sharing funds invested with a former law firm?
Opinion 95-583 concludes that the judge should withdraw the accumulated funds from the former firm’s profit sharing account on the stated facts.
Must a judge recuse when a relative sues the same defendants over the same alleged fraud in another county?
Opinion 95-580 requires recusal from the judge’s case because the close relative’s parallel suit creates a reasonable basis to question impartiality, even without actual bias.
May an elected judge spend surplus campaign funds on court equipment, professional dues, and education?
Opinion 95-579 finds those stated expenditures do not violate Canon 7B(l)(d), subject to possible appearance concerns; the Commission declines to decide questions under campaign-finance and ethics…
Must a judge recuse when a party’s attorney signed a bond in an election contest against the judge?
Opinion 95-578 finds recusal unnecessary on the stated facts unless the judge actually harbors bias or prejudice toward a party; the attorney entered the case before signing the election-contest bond.
What did the Commission say about a judge’s involvement with victims’ rights groups?
Opinion 95-577 declines to issue broad guidelines without a specified proposed act. It identifies Canons 4, 5B, 1, and 2A and invites a request about particular conduct.
May former court employees use a judge’s name to announce private practice, and must the judge recuse when they appear?
Opinion 95-576 says a judge should not permit use of the judge’s name or office in a private-practice announcement and is not ordinarily disqualified when a former employee appears, absent actual…
Must a judge recuse after using a pending case as an example of courage during a judicial campaign?
Opinion 95-575 requires recusal under all the stated circumstances because the judge’s campaign remarks about the pending case could reasonably cause impartiality to be questioned, despite no…
Do a judge’s adverse rulings and a litigant’s accusations require recusal or a response?
Opinion 95-574 says adverse rulings alone do not disqualify the judge and recommends that the judge not respond to the litigant’s allegations.
May a volunteer special circuit judge continue practicing law before the circuit court in other cases?
Opinion 95-573 finds no blanket prohibition for a temporary special circuit judge, while excluding representation in a proceeding the attorney judged or a related proceeding.
May an attorney who occasionally serves as a temporary family judge practice before that court in other cases?
Opinion 95-572 finds no blanket ban for the described judge pro tempore, while barring later advocacy in any proceeding the attorney judged or a related proceeding.
How did the Commission originally treat a judge’s accounts and loans with a bank appearing as a party?
As issued in 1995, Opinion 95-571 found ordinary accounts and loans alone insufficient for disqualification but called for disclosure and recusal on request; Opinion 09-903 later modified the…
May a circuit judge establish a citizen committee to recommend improvements to the local judicial process?
Opinion 95-570 permits the proposed unpaid committee if participation does not interfere with judicial duties or cast doubt on impartiality, on the stated assumption that neither the committee nor…
Does a county-paid salary supplement disqualify a judge from a case involving the county commission?
Opinion 95-569 finds that the supplement alone does not disqualify the judge, but disqualification may arise if it relates directly to the case or could be substantially affected by its outcome.
May an unpaid volunteer special circuit judge practice law in other circuit-court cases?
Opinion 95-568 finds no blanket bar for the described temporary judge, but the attorney may not act as counsel in a proceeding the attorney judged or a related proceeding.
Did the judge’s involvement in a related case require recusal from the pending case in Opinion 95-567?
Opinion 95-567 concludes that disqualification was not required on the facts submitted; it identifies a related case and a claimed appearance of impropriety but gives no further analysis.
May a district judge serve as a director of the Alabama Forestry Association?
Opinion 95-566 permits the directorship only within the limits of the cited Canons, including judicial duties, impartiality, political activity, and financial restrictions; the judge is disqualified…
Must a judge recuse when a first cousin or another lawyer at the cousin’s firm represents a party?
Opinion 95-565 disqualifies the judge when the cousin is counsel of record, subject to remittal. Another lawyer’s affiliation with the cousin’s firm alone does not require recusal, though other facts may.
Does a son-in-law’s job and small stockholding in a party’s parent company disqualify a judge?
Opinion 95-564 says employment by a party’s parent company alone does not disqualify the judge; recusal depends on a substantially affected interest, likely material testimony, personal bias, or…
Does helping appoint one personnel-board member disqualify judges from a salary case involving that board?
Opinion 95-563 finds no disqualification from the judges’ limited collective appointment role alone, while preserving recusal if added facts question impartiality or show personal bias.
May a judge advertise in a political dinner program using funds from a prior judicial campaign?
Joint Opinions 95-561 and 95-562 permit a dignified program advertisement and ticket purchase with earlier campaign funds under the Canons, without deciding separate statutory restrictions.
May an incumbent judge use earlier campaign contributions for a political dinner ticket and program advertisement?
Joint Opinions 95-561 and 95-562 allow the judge to buy the dinner ticket and suitable program advertisement with earlier campaign funds under the Canons, while leaving statutory campaign-finance…
Is a judge disqualified when a first cousin is an officer of a bank appearing as a party?
Opinion 95-560 disqualifies the judge because the first cousin is an officer of the party bank, subject to Canon 3D remittal; bias or disputed-fact knowledge arising from that relationship would be…
Did credit-card debt to a party bank automatically disqualify the judge under Opinion 95-559?
The 1995 opinion found no automatic recusal from ordinary bank debt but called for disclosure and recusal on request; Opinion 09-903 later revised that recusal-on-request analysis.
Did a partially secured loan from a party bank automatically disqualify the judge under Opinion 95-558?
The 1995 opinion found no automatic recusal from ordinary bank debt but called for disclosure and recusal on request; Opinion 09-903 later modified the inference that an ordinary bank relationship…
When do a spouse’s trust investments through a party bank disqualify a judge?
Opinion 95-557 requires recusal for bias or disputed-fact knowledge arising from the spouse’s relationship, or for a financial or substantially affected interest; it distinguishes remittable…
Does renting a safe deposit box at a bank disqualify a judge from its case?
Opinion 95-556 says the rental alone does not disqualify the judge; recusal is required if that interest could be substantially affected by the result, and the parties may remit that disqualification.
Do a judge’s checking and savings accounts at a party bank require recusal?
Opinion 95-555 says the accounts alone do not disqualify the judge, but recusal is required if the bank relationship could be substantially affected by the case, subject to Canon 3D remittal.
Does a judge’s trust beneficiary relationship disqualify the judge when its bank trustee is a party?
Opinion 95-554 requires recusal if the trust relationship produces personal bias or disputed-fact knowledge, a financial interest, or another interest substantially affected by the case; the opinion…
May a probate judge serve on the board of the Alabama Farmer’s Federation and ALFA Insurance?
Opinion 95-553 permits the board role within Canons 5C and 5D, while requiring recusal if either organization is a party, subject to remittal; compensation must meet Canon 6.
May a judge send thank-you letters to jurors after a court term?
Opinion 95-552 permitted juror thank-you letters under earlier conditions; Opinion 08-894 later modified its court-resource authorization requirement and supplied new guidelines.
Can parties waive a judge’s disqualification in a consent case by signing a statutory waiver?
Opinion 95-551 says Canon 3D permits remittal only for the specified Canon 3C grounds and requires disclosure plus an independent written agreement by all parties and lawyers in the record; it does…
May a circuit judge hear a de novo appeal from a case the judge presided over in district court?
Opinion 95-550 disqualifies the judge from the appeal even if a jury will try it, because the judge presided over the case in the earlier district-court role.
Is a judge disqualified from a later petition when a nephew represented a party in the original case?
Opinion 95-549 disqualifies the judge from the later petition even when other lawyers now appear, because the lawyer-relative appeared in the original proceeding; the ground may be remitted under Canon 3D.
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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.