AO01 770

I. Is a probate judge disqualified to hear a case involving a party where he previously served as the party’s guardian or federal fiduciary/payee? Answer: The judge should not hear such a case for a period of two years and, in any event, may not hear such a case if it involves a matter previously litigated while he served in either capacity, if he has a personal bias or prejudice, or if he has personal knowledge of disputed evidentiary facts.
II. May a probate judge reappoint as the general conservator for his county an individual who is associated with the law firm of which he was a member before he became the probate judge? Answer: Yes.

AO01 769

Is a judge disqualified to hear a property dispute action by the Episcopal Church in a particular diocese against a church and its minister, wardens and vestry due to his membership in another parish church in the same diocese? Answer: Yes, the circumstances in the case create a reasonable question as to the judge’s impartiality.

AO00 768

May a judge write a proposed letter to members of the local bar association soliciting support for the local Legal Aid program? Answer: No.

AO00 767

May a judge continue to serve on the board of directors of a YMCA that operates a rehabilitation service program available to him as an alternative to sentencing a youth to incarceration in the Department of Youth Services? Answer: Yes.

AO00 766

Does disqualification to hear cases in which an attorney represents a party, which was caused by the judge’s participation in a certain class action in which the attorney or a member of the attorney’s firm represents the plaintiffs, continue after the class action terminates? Answer: No.

AO00 765

May a circuit judge serve on an advisory board concerning the use of Local Law Enforcement Block Grant Funds? Answer: Yes.

AO00 764

Is a judge disqualified to hear a tort action against the trustees of a testamentary trust asserting conversion of funds that should have been used for charitable purposes because: 1. One of the defendants/trustees is a daughter-in-law of the judge’s former court reporter? Answer: Unless the judge has a personal bias or prejudice or personal knowledge of disputed evidentiary facts as a result, the facts presented do not cause disqualification of the judge.

AO00 763

Do the Alabama Canons of Judicial Ethics permit judges who are candidates for judicial office to respond to a particular questionnaire that is to be used in preparation of an organization’s voters guide? Answer: No, except to decline to answer the inquiries presented.

AO00 762

May a judge serve as the public consumer member of the board of the American Association of Physician Specialists, Inc.? Answer: No, such service would reflect adversely on the judge’s impartiality and fail to minimize conflict with judicial duties.

AO00 761

I. Is a judge disqualified to hear cases in which parties are represented by an attorney who was a judicial candidate in opposition to the judge in a recent election? Answer: No, absent the existence of either personal bias or
prejudice or extraordinary circumstances creating a reasonable question as to the judge’s impartiality.
II. Is a judge disqualified to hear cases in which parties are represented by attorneys who supported a judicial candidate who opposed the judge in a recent election as a result of allegations of bias that are denied by the judge? Answer: No, absent the existence of extraordinary circumstances creating a reasonable question as to the judge’s impartiality.