Alabama Ethics Commission Clears Path for District Attorneys to Hold Second Jobs

MONTGOMERY, AL - August 6, 2025

In a unanimous decision that could reshape professional boundaries for public officials, the Alabama Ethics Commission ruled Wednesday that District Attorneys (DAs) and Assistant District Attorneys may hold second jobs-so long as those roles are performed outside of official working hours and do not conflict with their public duties.

The ruling, issued as an advisory opinion during the Commission's August meeting, clarifies a longstanding gray area in Alabama's ethics law and reverses a 1998 precedent that barred certain law enforcement officials from outside employment.

A Shift in Interpretation

The Commission's decision was based on guidance from the Alabama Attorney General's Office, which stated that while prosecutors are technically "on call" at all times, they are not considered to be actively working unless summoned by their agency. This distinction allows for compensated work outside of regular hours, provided it does not leverage public office for personal gain.

"We concur with that opinion and do not consider time outside of regular business hours as time for the purposes of 5-C," said Brian Paterson, assistant general counsel for the Ethics Commission.

Section 5-C of Alabama's ethics code prohibits public officials and employees from using their office for private gain. The Commission emphasized that the new interpretation does not permit moonlighting that interferes with official duties or creates conflicts of interest.

Reversing a 1998 Precedent

The ruling directly overturns a 1998 opinion that held police chiefs were "always working" and therefore barred from outside employment. That interpretation had been extended informally to other public safety roles, including prosecutors, creating confusion and limiting professional flexibility.

"This opinion would overrule that '98 opinion," Paterson confirmed during the meeting.

The updated guidance now applies to any public official or employee whose role includes being on call, as long as they are not actively engaged in their official capacity during the time of outside employment.

Implications for Alabama's Legal Community

The decision is expected to have immediate impact across the state, particularly in rural counties where DAs and ADAs often face staffing shortages and limited compensation. By allowing qualified legal professionals to pursue additional income-whether through teaching, consulting, or private practice-the Ethics Commission hopes to retain talent and reduce burnout.

However, the ruling also places responsibility on individual officials to ensure transparency and avoid ethical pitfalls. Any secondary employment must be disclosed and must not involve clients or cases that intersect with their prosecutorial duties.

Community Reaction

Legal professionals across Alabama have responded positively to the ruling, citing increased flexibility and fairness. Some district attorneys have already begun exploring adjunct teaching roles or legal writing opportunities, while others are considering part-time consulting work.

Ethics watchdogs have urged caution, reminding officials that the spirit of the law still prioritizes public trust and accountability. The Ethics Commission reiterated that any violation of the boundaries outlined in the advisory opinion could result in disciplinary action.

Looking Ahead

The Commission's ruling marks a significant evolution in how Alabama interprets its ethics laws for public servants. As the state continues to modernize its workforce policies, this decision may serve as a model for other roles traditionally viewed as "always on duty."

For now, district attorneys across Alabama have a clearer path to supplement their income-without compromising their commitment to justice.