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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What happens when a party hires the judge’s nephew or former law partner days before trial?
Opinion 95-548 makes the result depend on whether disqualification exists or is remitted and on the court’s decision under ordinary counsel-change and continuance standards.
What did the Commission advise an associate justice about future participation in the chief-justice election case?
Opinion 95-544 recognizes the state Supreme Court’s ruling that disqualification was not required, yet recommends recusal from future participation based on the overall campaign relationship and…
How did the Commission address a judge’s former client or former litigation opponent appearing as a party?
Opinion 95-547 distinguishes nonremittable prior counsel work in the same matter from fact-dependent former-client or opponent relationships; Opinion 99-740 later adopted a two-year period for…
Does an uncontested or consent case remove disqualification when counsel is the judge’s nephew or former partner?
Opinion 95-546 disqualifies the judge when the nephew appears, subject to written Canon 3D remittal; a former partner’s work on the same matter during their partnership also disqualifies the judge…
Must a judge recuse when a party’s lawyer merely shares office space with the judge’s nephew?
Opinion 95-545 finds no automatic disqualification from shared office space, but requires recusal if the nephew has a substantially affected interest, participated in the matter, or other facts…
Must a judge recuse from a capital murder trial when the judge’s son represents a separately indicted co-defendant?
Opinion 95-543 says the son’s separate representation alone is not automatically disqualifying, but requires recusal on the stated capital-case facts to avoid an appearance of impropriety.
May a disqualified judge grant urgent relief when no other judge can act?
Opinion 95-542 allows immediate action to protect life, property, or the status quo when no other judge is available, then requires recusal once that emergency ends.
Does attending the same Sunday school class as defendants require a judge to recuse?
Opinion 95-541 says shared Sunday school attendance alone neither requires disqualification nor reasonably questions the judge’s impartiality on the stated facts.
Must a judge recuse when the judge’s spouse is a part-time dietary consultant for a defendant hospital?
Opinion 95-540 finds no disqualification on the stated facts because the spouse’s limited hospital consulting is unrelated to the claim and no affected interest or reasonable appearance concern is shown.
May a judge sentence defendants to a state-approved DUI program taught by the judge’s bailiff?
Opinion 94-538 concludes the judge should not sentence defendants to a DUI school taught by the bailiff because the arrangement creates an appearance of impropriety and suggests special influence.
May a district judge refuse domestic-relations cases assigned under the presiding circuit judge’s statutory designation?
Opinion 94-539 finds refusal of the lawful domestic-relations assignment improper and unethical under the cited Canons on judicial duties and compliance with law.
How did the Commission address a judicial candidate’s answers to issue questionnaires?
Opinion 94-537 permits a candidate to state a personal view on a specific issue while making clear the candidate will follow the law, but rejects pledges to disregard precedent and answers about…
Must a judge recuse when the judge’s part-time bailiff is married to a lawyer in a party’s law firm?
Opinion 94-536 requires nonremittable disqualification while that bailiff serves the judge in a case involving the spouse’s firm, but says reassignment to another judge for the proceeding avoids the…
Is a judge disqualified when a lawyer at the court reporter’s spouse’s firm appears?
Opinion 94-535 says the court reporter’s marriage to a lawyer at counsel’s firm does not by itself disqualify the judge, and calls for disclosure of the judge’s relationship to the court reporter to…
Is a judge disqualified when a prosecutor belongs to the law firm in which the judge’s brother is a partner?
Opinion 94-534 finds no automatic disqualification based solely on the brother’s partnership, but requires recusal if impartiality might reasonably be questioned or the judge knows the brother has…
May a judge join a local junior college marketing advisory council?
Opinion 94-533 permits service on the college’s marketing advisory council if the judge observes Canon 5B’s restrictions on outside civic and educational activities.
May a judge refer criminal defendants to a private, for-profit driver education program?
Opinion 94-532 says a referral to a private program is not itself a Canon violation, but the judge may not have a financial interest in or receive any personal benefit from the center because of the…
May a judge preside over medical liability cases involving a hospital sued by the judge’s former wife on the child’s behalf?
Opinion 94-531 requires the judge’s nonremittable disqualification from medical liability cases involving that hospital.
Must a judge recuse when a litigant nursing home and the judge’s mother-in-law’s residence share a parent company?
Opinion 94-530 finds no disqualification from common ownership alone, but requires it if the mother-in-law has an interest that the case could substantially affect.
May a judge preside over the divorce of a couple whose marriage the judge solemnized?
Opinion 94-529 says the judge should not preside over that divorce because doing so would not promote public confidence in judicial integrity and impartiality.
Must every judge of a circuit recuse from a suit challenging judicial compensation?
Opinion 94-528 applies the rule of necessity where all state judges might be disqualified by a judicial compensation case.
Does joint ownership of property with a former law partner require recusal when that lawyer appears?
Opinion 94-527 says joint ownership alone does not disqualify the judge, while other circumstances could make impartiality reasonably questionable.
May a juvenile judge administer payments to a nonprofit whose board the judge serves on?
Opinion 94-526 rejects the combination of administering juvenile-court funds to the nonprofit and serving on its board, and says the judge should leave the board.
How did an injunction against a Birmingham political-activity ordinance affect municipal judges under Canon 2A?
Opinion 94-525 says Canon 2A requires compliance with the ordinance while enforceable, but a judge does not violate that Canon by running for nonjudicial office without resigning while the relevant…
May a district judge serve on the board of a domestic violence shelter?
Opinion 94-524 permits board service subject to Canon 5’s limits and requires disclosure when a case involves a victim the judge knows is currently at the shelter.
When should a trial judge disclose an outside communication with another judge about a pending case?
Opinion 94-523 calls for voluntary disclosure when an outside communication supplies facts that will bias the trial judge’s judgment or impair fair weighing of the record, and withdraws an erroneous…
Must a former assistant district attorney recuse from a manslaughter retrial involving former colleagues and a defendant whose divorce the judge dismissed?
Opinion 94-522 finds no recusal required on the stated facts, including the judge’s unrelated divorce ruling, prior office service without participation in the prosecution, and former ties to witnesses.
Must a judge recuse when the circuit clerk will testify about grand jury procedures and the judge has judicial knowledge of those procedures?
Opinion 94-519 finds no recusal required from the clerk’s role as witness or the judge’s knowledge gained through judicial duties, while recognizing that an extraordinary relationship or actual…
Did the Chief Justice’s administrative involvement in separate litigation require recusal from an appeal involving the Attorney General?
Opinion 94-521 found no basis for recusal because the appeal and separate federal election litigation were unrelated and the Attorney General represented him no more than any other appellate judge…
When must a judge recuse if a lawyer appearing before the judge runs against the judge for reelection?
Opinion 94-520 calls for recusal when the opponent first appears after announcing candidacy, but finds no automatic recusal when counsel in an existing case later announces a campaign.
May a judge accept donated or loaned computer equipment from a lawyer or litigant?
Opinion 94-518 says a gift or loan to a judge from someone currently appearing before that judge should not be accepted; a past donor’s later appearance alone does not automatically disqualify the judge.
Must a judge recuse from post-conviction proceedings because a former law partner prosecuted the criminal case as a part-time assistant district attorney?
Opinion 94-517 finds no automatic recusal where the former partner prosecuted in an individual government role outside the firm, but requires recusal if the judge participated or discussed the case…
Must a judge continue to recuse when former counsel in a completed Judicial Inquiry Commission matter appears?
Opinion 94-516 says disqualification ends when the Commission matter and representation end, absent extraordinary circumstances, and no disclosure of that past disqualification is required.
May a municipal judge teach law courses at a police academy whose graduates may later appear in court?
Opinion 94-515 permits law-related teaching at a police academy and says the students’ later appearances as officers do not alone disqualify the judge.
May a judge accept a smoked turkey from a lawyer practicing in the judge’s circuit?
Opinion 94-514 permits a lawyer’s gift only when it does not suggest expected judicial favor or create an appearance of impropriety, requiring a case-specific assessment of the gift, timing, and…
How do family ties among judges, lawyers, and a court reporter affect disqualification and temporary reporter assignments?
Opinion 94-513 disqualifies one judge from the related lawyer’s firm cases subject to Canon 3D remission, finds no automatic disqualification for another judge merely because his reporter married…
May a judge hear even routine matters when the judge’s son represents a party?
Opinion 94-512 says the judge should not hear or rule in any such matter without an on-record waiver from all parties and counsel, and should not appoint the son as guardian ad litem or…
Did prior legal work, social connections, or a campaign adviser require recusal from a child-support enforcement case?
Opinion 93-511 found no disqualification on the stated facts, individually or cumulatively; its official PDF is marked modified by Opinion 99-740, which later addressed former-client recusal.
Must a judge recuse from a civil case involving a defendant the judge earlier tried criminally and a church whose pastor is a friend?
Opinion 93-510 finds no automatic disqualification from knowledge gained in the prior criminal trial or the described friendship with the church pastor.
May a district judge serve as a court-appointed county jail monitor and accept payment?
Opinion 93-509 permits service as a county jail monitor under a federal court order, bars compensation for that work, and allows reimbursement of actual out-of-pocket expenses.
May a part-time municipal judge act as general counsel to a casino developer seeking city approval?
Opinion 93-508 prohibits the judge from serving as the developer’s general counsel while serving as municipal judge because appearing for the developer before the judge’s city council creates an…
What did the Commission originally say about board service at a treatment center receiving court referrals?
Opinion 93-507 originally prohibited the judge’s board service at the fee-per-patient center to which the judge referred defendants; Opinion 97-678 expressly overruled it for the later opinion’s…
May a part-time judge who also prosecutes in another city host a police-only social event?
Opinion 93-506 permits a social event for the police department tied to the prosecutor role if the lawyer does not present as a judge, but bars a police-only invitation to the judge’s own city department.
May a judge serve on a county school trustees board?
Opinion 93-505 permits service on a school trustees board authorized by statute, subject to Canon 5B’s limits rather than the general Canon 5G rule for government positions.
Must a judge recuse from a zoning-board appeal when a cousin serves on the city council that appoints board members?
Opinion 93-504 finds no disqualification from the cousin’s council membership alone, but requires it if the cousin has an interest substantially affected by the appeal; any resulting…
Does a conversation with another judge about a related case require recusal?
Opinion 93-503 requires recusal only if the conversation or another court’s order supplied a disputed evidentiary fact that would influence the judge’s view of the case’s merits; Opinion 94-523…
May a judge serve on the board of a community corrections program?
Opinion 93-502 permits board service for a program offering community-service placements in lieu of jail, subject to judicial duties and available time.
Is a judge disqualified because a litigant works as a paralegal at the firm representing the judge’s family partnership?
Opinion 93-501 says the paralegal’s employment at that firm alone does not disqualify the judge on the facts described.
What should a judge do when counsel belongs to the same firm as the judge’s lawyer-relative?
Opinion 93-500 calls for disclosure of the relationship, a case-specific impartiality assessment, and recusal if the relative has an interest substantially affected by the case; remission differs by…
May a judge provide an affidavit about trial counsel’s performance in a separate malpractice case?
Opinion 93-499 permits a truthful affidavit concerning counsel’s professional performance, while cautioning against using judicial prestige to advance private interests.
May a part-time municipal judge host an annual cookout for local police departments?
Opinion 93-498 rejects the proposed annual police-department cookout because of an appearance of favoritism; Opinion 93-506 later clarifies the distinction between hosting as a prosecutor and…
May a retired judge who occasionally serves on active duty campaign for another judicial candidate?
Opinion 93-497 says Canon 7 applies during the judge’s part-time active service and does not bar participation in another judicial candidate’s campaign, subject to its limits on political influence…
May a robed judge appear silently in a Girl Scouting public service video?
Opinion 93-496 permits the described silent appearance, finding that “Support Girl Scouting” in that video is not a solicitation of funds under Canon 5B(2).
May a judge contribute a recipe and photograph to a football-fans cookbook?
Opinion 93-495 permits the recipe and photograph, subject to Canon 5A’s requirements that avocational activity preserve judicial dignity and avoid interference with duties.
Must a judge recuse when appearing counsel’s spouse works at the firm representing the judge’s family partnership?
Opinion 93-494 finds no disqualification on the specific facts where appearing counsel practiced outside her spouse’s firm.
May a judge advise a county committee supporting a candidate for governor?
Opinion 93-493 strongly discourages but does not prohibit the described service or general political advice, with the judge acting only individually and without using judicial title or office prestige.
May a judge speak about the need for a Big Brothers/Big Sisters organization at an event where others solicit donations?
Opinion 93-492 permits the judge’s speech on the organization’s need, while describing direct fundraising and use of judicial prestige as undesirable under a directory Canon and advising against a robe.
Must a judge recuse when counsel belongs to the judge’s nephew’s firm but the nephew does not appear?
Opinion 93-491 finds no automatic recusal from the firm relationship alone, but requires a case-specific assessment; a nephew’s related legal advice known to the judge can create nonremittable…
Could family-related disqualification be remitted during an engagement before marriage?
The withdrawn 1993 answer allowed remission during engagement where the same disqualification would arise after marriage; Opinion 94-513 later replaced the joint letter.
Could a judge use the son’s fiancée or wife as a court reporter?
The withdrawn 1993 answer barred the assignment; Opinion 94-513 later replaced it and allowed a temporary or case-specific assignment for justifiable cause with disclosure.
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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.