Judicial Qualifications > Advisory Opinions Advisory Opinions

Following is an index of formal Advisory Opinions issued by the Commission, with links to the text of the opinions. These opinions are numbered by year (for example, opinion 1-13 was the first Advisory Opinion issued in 2013).

Because every ethical dilemma or question involves particular facts and circumstances, judges and candidates are urged to contact Commission staff to discuss the application or relevance of the advisory opinions to their specific situations and to ensure that the opinion has not been amended by the Commission or affected by changes in the Code of Judicial Conduct.

The Indiana Code of Judicial Conduct was significantly amended in 2008. The below canon listings are based on the most current version of the Code -- for opinions issued before 2008, the previous citation is also included where applicable. 

Canon(s) Synopsis Opinion
1
Prohibited and/or discouraged judicial pay arrangements
1
Judge's ability to personally accept pay for solemnizing marriages during court hours
1, 3
Recommendations for employment (Citing old Canon 2)
1
Appearance in television commercials (Citing old Canon 2)
1
Sentencing recommendations for criminal defendants in other courts (Citing old Canon 2)
2
Ethical implications of delay in ruling on a case (Citing old Canon 3)
2
Trial court's inability to rule on Trial Rule 53.1 and 53.2 motions (Citing old Canon 3)
2
Consideration of ex parte petitions for change of custody (Citing old Canon 3)
2
Consideration of ex parte petitions for emergency guardianship
2
Disqualification - appearance of lawyers associate with judge's relative [Conclusion #2 no longer applicable - See Commentary to 1993 Code, Canon 3E(1)] (Citing old Canon 3)
2
Disqualification - former prosecutor (Citing old Canon 3)
2
Disqualification - appearance of court employee's relative (Citing old Canon 3)
2
Disqualification - appearance of cousin (Citing old Canon 3)
2
Disqualification - appearance of judge's bank (Citing old Canon 3)
2
Disqualification - appearance of spouse of magistrate, commissioner, or referee (Citing old Canon 3)
2
Disqualification in response to litigants' complaints (Citing old Canon 3)
2
Notifying only one party of the judge's decision (Citing old Canon 3)
2
Nepotism and favoritism in hiring (Citing old Canon 3)
2
Treatment of unrepresented litigants in uncontested cases (Citing old Canon 3)
3
Judges testifying as character witnesses (Citing old Canon 2)
3
Membership in groups which practice invidious discrimination (Citing old Canon 2)
3
Ownership of abstract and title business (Citing old Canon 5)
3
Loans from lawyers to cover a judge's personal defense costs (Citing old Canons 4 and 5)
3
Fiduciary roles - executor of estate (Citing old Canons 4 and 5)
3
Marketing teaching materials (Citing old Canons 4 and 5)
3
Reporting income from marriage ceremonies (Citing old Canons 4 and 6)
4
Elections - fundraising
4
Appointments to governmental committees or commissions unrelated to the law
4
Potentially misleading content in judicial campaign materials
4
Ability to participate in family member's campaign for public office
4
Political activities of employees (Citing old Canons 5 and 7)
4
Employees running for judicial office (Citing old Canons 5 and 7)
4
Employees running for office within party (Citing old Canons 5 and 7)
4
Membership in Partners in Politics (Citing old Canons 5 and 7)
4
Political activities - serving as voter registrar (Citing old Canons 5 and 7)
4
Political activities - judge's photograph in candidate's brochure (Citing old Canons 5 and 7)
4
Employees serving on Township Advisory Boards (Citing old Canons 5 and 7)
4
Membership in political editorial associations (Citing old Canons 5 and 7)
4
Political activities - serving on precinct election board (Citing old Canons 5 and 7)
4
Political activities - general restrictions (Citing old Canons 5 and 7)
4
Political activities - 1993 amendments to former Canon 7
4
Political activities - spouses (Citing old Canon 5)
4
Political activities of judicial officers (Citing old Canon 5)
4
Permissible campaign speech (Citing old Canon 5)
Application Section
Part-time judges - practicing criminal defense law
Application Section
Law practices of part-time judges