You have requested an advisory opinion from the Alabama Judicial Inquiry Commission
clarifying Advisory Opinion 85-239. In that opinion, this Commission found that under
the provisions of Canon 3C of the Alabama Canons of Judicial Ethics, “the mere fact
that the judge’s son is employed as a law clerk in a law firm, which represents a party to
a proceeding, does not cause the judge’s disqualification in that proceeding.” However,
the Commission cautioned that “facts and circumstances could arise which could cause
disqualification. For instance, the judge would be disqualified in any proceeding in
which the law clerk participated.” (Emphasis added).