AO01 780

I. Does a judge who is disqualified to hear a certain tort action involving a trust due to membership on an advisory committee to a beneficiary community college remain disqualified after resignation from the
committee? Answer: Yes.
II. Does former membership on the advisory committee also disqualify the judge to hear a present and any future petitions for partial accounting of the trust and/or petitions for partial accounting of another trust with a
charitable beneficiary clause? Answer: The judge is disqualified to hear cases involving the first trust to the extent that irregularities alleged in the litigation apply to a period he was on the committee. He is not disqualified to hear proceedings involving the other trust.

AO01 779

Is a judge disqualified to hear a petition to establish paternity and obtain custody of a minor child due to the judge’s spouse having previously represented a party in a related case? Answer: Under the specific facts presented, yes.

AO01 778

Would the part-time employment of a circuit judge’s judicial assistant by an attorney cause disqualification of the judge from cases involving the attorney or his firm? Answer: Yes.

AO01 777

May a probate judge appoint temporary probate judges to hear cases the judge is disqualified to hear? Answer: No.

AO01 776

Is a circuit judge disqualified to hear a divorce action due to: 1. An unfounded allegation that the judge is close friends with one of the attorneys in the case? Answer: No.
2. The same attorney and his law firm each having made a $100 contribution to the judge’s 1994 campaign fund? Answer: No.
3. The judge and the same attorney both being Democrats? Answer: No.
4. The judge and the same attorney both having graduated from the University of Alabama Law School? Answer: No.
5. The totality of the above circumstances? Answer: No.

AO01 775

I. May a judge hear cases in which a party is represented by an attorney who is a member of a law firm to which a referee appointed by the judge formerly belonged where the referee does not participate in the case? Answer: Yes.
II. May the referee hear cases in which a party is represented by an attorney who is a member of the referee’s former law firm? Answer: The judge should not permit the referee to hear cases where a former law partner of the referee served as a lawyer in the matter while they practiced together; he also should not permit the referee to hear cases in which the referee’s former firm is involved so long as the firm continues to pay the referee’s health insurance premiums.

AO01 774

Is a judge disqualified to hear a personal injury action in which the doctor defendants are employed by a university hospital when the judge is a trustee for the university? Answer: Yes, the circumstances create a reasonable question as to the judge’s impartiality.

AO01 773

May a circuit judge who regularly has cases before him to which a city is a party sign a proposed letter soliciting city funding for a scouting program? Answer: No.

AO01 772

Maya newly elected judge continue to act as an attorney in cases that are expected to be concluded within ninety days after he takes office? Answer: No.

AO01 771

Is a judge disqualified to hear an action when it is alleged that it is likely that he has personal knowledge of disputed evidentiary facts due to prior service as city attorney for the defendant city? Answer: No, not if the
judge has no actual knowledge of such facts.