S1 A1E OF ALABAMA

ETHICS COMMISSION

COMMISSIONERS

John H. Watson,Chairman

Lewis G. Odom, Jr.. Esq.. Vice-ChairmanRussell Jackson Drake, Esq.J. Harold Sorrells

Raymond L. Bell, Jr., Esq.

MAILING ADDRESS

P.O. BOX4B40MONTGOMERY.AL

36103-4840

STREET ADDRESS

RSA UNION100 NORTHUNIONSTREET

SUITE 104MONTGOMERY.AL 36104 James L. Sumner, Jr.

Director

TELEPHONE (334) 242-2997

FAX (334) 242-0248WEB SITE www.ethics.alalinc.net

March 7, 2001

ADVISORY OPINION NO. 2001-11

The Honorable John W. DavisRetired Circuit Judge/Consultant, Alabama AdministrativeOffice of CourtsP. O. Box 522Montgomery, Alabama 36101

Conflict Of Interests/Retired Circuit JudgePerforming Consulting Services For TheAlabama AdministrativeOffice Of Courts(AOC) And Serving As Part-Time ExecutiveDirector For Non-Profit Regional Alliance.

A retired Circuit Judge, who perfonnsconsulting services for the AlabamaAdministrativeOffice of Courts, may alsoserve as part-time Executive Director and/orconsultant for a non-profit regional allianceof representatives ftom seven Alabamajuvenile court systems.

Dear Judge Davis:

The AlabamaEthics Commission is in receipt of your request for an Advisory Opinion ofthis Commission, and this opinion is issued pursuant to that request.

OUESTION PRESENTED

Maya retired Circuit Judge, who perfonns consulting services for the AlabamaAdministrative Office of Courts, also serve as part-time Executive Director and/or consultant fora non-profit regional alliance of representatives ftom seven Alabamajuvenile court systems?

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The Honorable John W. DavisAdvisory Opinion No. 2001-11Page two

FACfS AND ANALYSIS

The facts as have been provided to this Commission are as follows:

The Honorable John W. Davis is a retired Circuit Judge of the Fifteenth Judicial Circuit.He currently perfonns consulting services for the Alabama AdministrativeOffice of Courts forwhich he is compensated. As a part-time consultant to AOC, he provides technical assistance andcounsel to AOC on a variety of projects and programs, primarilyin the areas of domestic relationsand juvenile matters. He is involved in occasional discussion about AOC services for courts andpersonnel throughout the State, as well as about projects and programs external to AOC butaffecting various components of the State judicial system. Judge Davis states that he is not apolicymaker nor does he have the authority to make decisions on behalf of AOC. In addition, asan active retired judge, he is occasionallygiven appointments trom the Supreme Court to handlecases where local trial judges have recused themselves.

Judge Davis has been requested by a non-profit regional alliance of representatives tromseven Alabamajuvenile courts to serve as a part-time executive director and/or serve as aconsultant to the allianceon possible future juvenile justice programs and projects affecting theirregion. Judge Davis states that he would be paid for these services, which might include seekingfunds for juvenile programs trom state, federal and private foundations and advisingthe allianceon the implementationof such programs.

The AlabamaEthics Law, Code of Alabama. 1975. Section 36-25-1(24), defines a publicofficialas:

"(24) PUBLIC OFFICIAL. Any person elected to public office, whether or notthat person has taken office, by the vote of the people at state, county, ormunicipal level of government or their instrumentalities,including governmentalcorporations, and any person appointed to a position at the state, county, ormunicipal level of government or their instrumentalities,including governmentalcorporations. For purposes of this chapter, a public officialincludes the chairs andvice-chairs or the equivalent offices of each state political party as defined inSection 17-16-2."

Section 36-25-1(23) defines a public employee as:

"(23) PUBLIC EMPLOYEE. Any person employed at the state, county, ormunicipal level of government or their instrumentalities, includinggovernmentalcorporations and authorities, but excluding employeesof hospitals or other healthcare corporations including contract employees of those hospitals or other health

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The Honorable John W. DavisAdvisory Opinion No. 2001-11Page three

care corporations, who is paid in whole or in part from state, county or municipalfunds. For purposes ofthis chapter, a public employee does not include a personemployed on a part-time basis whose employment is limited to providingprofessional services other than lobbying, the compensation for which constitutesless than 50 percent of the part-time employee's income."

Section 36-25-1(8) defines a conflict of interest as:

"(8) CONFLICT OF INTEREST. A conflict on the part of a public officialorpublic employeebetween his or her private interests and the official responsibilitiesinherent in an office of public trust. A conflict of interest involves any action,inaction, or decision by a public officialor public employee in the discharge of hisor her officialduties which would materiallyaffect his or her financial interest orthose of his or her familymembers or any business with which the person isassociated in a manner different from the manner it affects the other members ofthe classto whichhe or shebelongs...

The Alabama Ethics Law excludes from the definitionof a public employee, thoseindividualswho provide professional services to a public entity whose compensation from thatservice is less than 50 percent of their total income.

In the facts before the Commission, Judge Davis would not be considered an employee ofAOC, but would merelybe a consultant providing outside services.

Based on this fact, it would not present a conflict of interests for him to acceptemployment as a part-time Executive Director and/or consultant for a non-profit regional allianceof representatives from Alabamajuvenile court systems.

CONCLUSION

A retired Circuit Judge, who performs consulting services for the Alabama AdministrativeOffice of Courts, may also serve as part-time Executive Director and/or consultant for a non-profit regional alliance of representatives from seven Alabamajuvenile court systems.

The Honorable John W. DavisAdvisory Opinion No. 2001-11Page four

AUTHORITY

By 5-0 vote of the Alabama Ethics Commission on March 7, 2001.