May an Alabama retired-active judge use a former judicial title on a law firm's letterhead?

Plain-English summary

The inquiring retired circuit judge had joined a law firm and planned to litigate, mediate, and serve as a private judge. The judge was classified as retired-active, though not planning to take judicial appointments at that time, and also served part-time as a municipal judge. The Commission expressly limits its answer to a retired judge on active-duty status; it does not apply this opinion to an inactive retired judge.

Under the Compliance section's rule for retired-active judges, Canon 5C(1) still governs financial and business activity. The Commission says using a former judicial title in the firm's letterhead could imply the judge is using that office to attract clients. It retains its bar on title use from Opinion 08-896, even where the judge also provides mediation or private judging services.

The opinion allows factual biographical information about earlier judicial service, including the offices held, years of service, and courts served. But it rejects “Judge,” even with “Retired,” in firm names, letterhead, business cards, social media, websites, signature blocks, advertising, or solicitations. It overrules Opinion 08-896 only to the extent inconsistent with this distinction.

The Commission also notes Canon 2A's duty to comply with law, including the Alabama Rules of Professional Conduct. It says it cannot advise on those lawyer rules; conduct allowed by this judicial opinion would still be prohibited under Canon 2A if it violates them.

In practice

The opinion draws the line between a title attached to the person's name in firm promotion and a factual account of prior work in a biographical section. It applies that distinction to the retired-active judge's proposed legal, mediation, and private judging practice.

Common questions

Q: May the firm identify the lawyer as “Retired Circuit Judge” on its letterhead?

A: No. The Commission says a retired-active judge may not use a previous judicial title in firm letterhead even when the title is modified to show retired status.

Q: May the biography describe earlier judicial experience?

A: Yes. The opinion permits facts such as the prior office, number of years served, and court, presented alongside other biographical information.

Q: Does the opinion decide whether a law firm advertisement complies with lawyer conduct rules?

A: No. The Commission says its authority covers the judicial Canons and it does not decide the Alabama Rules of Professional Conduct question.

Background and rules framework

The opinion applies Alabama Canon 5C(1) to the retired-active judge through Compliance § D(2) and discusses Canon 2A's requirement to comply with law. It distinguishes inactive retired judges under Compliance § D(1), to whom this opinion does not apply.

Citations and references

Alabama Canons of Judicial Ethics:

• Canon 2A, Canon 5C(1), and Compliance §§ D(1) and D(2).

Statutes:

• Alabama Code § 12-11A-2(a)(1) and (b)(2), on qualifications and case limits for private judging.

Other opinions cited:

• Alabama JIC Advisory Opinion 08-896, earlier title-use advice overruled to the extent inconsistent with this opinion.
• Washington Judicial Ethics Opinion 02-17, cited for factual statements of judicial experience in alternative dispute resolution work.

See also

• IL Judicial Ethics Op. 2004-01: Judicial Title at School Meetings
• MS Judicial Ethics Op. 2022-04: Judicial Title and Campaign Disclosures

Source

• Landing page: Alabama JIC advisory opinions
• Original PDF: Advisory Opinion 25-966

Original opinion text

Reproduced from the official source for research purposes. The linked source is authoritative.

JUDICIAL INQUIRY COMMISSION
DATE ISSUED: MARCH 10, 2025 ADVISORY OPINION 25-966
RETIRED JUDGE: USE OF
PREVIOUS JUDICIAL TITLE IN
LETTERHEAD OF LAW FIRM
ISSUE
May a judge allow his or her
former judicial title to be used in the
letterhead of his or her law firm
where the judge practices law,
mediates, and serves as a private
judge?
Answer: No.
FACTS
A recently retired circuit judge has
joined a law firm. The judge intends
to litigate and mediate cases and
serve as a private judge. The judge
has received certifications from the
Alabama Dispute Resolution Center
as a mediator and private judge and is
currently listed on its rosters for both
services. Although the judge is
classified as a retired-active judge
with the Alabama Administrative
Office of Courts, the judge does not,
at this time, intend to accept any
appointments. The judge also
currently serves as a part-time
municipal judge.
DISCUSSION
A retired judge serving on a part-
time active-duty status (“retired-
1
Because the inquiring judge asks
explicitly about the use of the title “Retired
Circuit Judge,” this opinion relies on § D(2)
of the Compliance provisions pertaining
specifically to part-time active-duty retired
judges. This opinion does not apply to
retired judges who are not serving on an
active-duty status as those judges are not
active judge”), must comply with all
Canons except Canons 5C(3), D, E, F,
G, and 6C.1
Compliance with the
Canons of Judicial Ethics § D(2).
Because a retired-active judge is not
exempt from all provisions of Canon
5C, the judge’s business and financial
activities must comply with the
applicable provisions of that Canon.
Canon 5C(1) provides, “A judge
should refrain from financial and
business dealings that tend to reflect
adversely on his impartiality,
interfere with the proper performance
of his judicial duties, or exploit his
judicial position.”
In Ala. Jud. Inquiry Comm’n Op.
08-896, the Commission advised a
retired-active judge that she could not
include her formal judicial title or
any former judicial positions that she
held and could not use the title
“Honorable” in front of her name in
her law firm’s letterhead. The
Commission concluded, “Irrespective
of the judge’s intentions, any
reference to the judge’s former
judicial positions may reasonably
lead to the inference that she is
utilizing her former positions to
attract clients and thereby engaging
in financial and business activity that
tends to exploit her former judicial
position.” Id.
required to comply with any of the Canons.
Compliance, § D(1). Additionally, this
opinion does not rely on provisions that
would be applicable to the inquiring judge
as a part-time municipal judge, though the
provisions applicable to part-time judges
and retired-active judges are almost
identical.
ADVISORY OPINION 25-966
PAGE 2
The Commission noted, however,
that other jurisdictions had reached a
different conclusion for judges who
provided alternative dispute
resolution (“ADR”) services.2
Id.
Some jurisdictions have advised or
declared that a judge may include the
title “Retired Judge” or “Former
Judge” in solicitations or
advertisements in connection with the
judge’s ADR practice. Md. Jud.
Ethics Comm. Op. 2008-14; Wash.
Jud. Ethics Op. 02-17; see also Ohio
R. Prof’l Conduct 8.2 (effective June
1, 2014). On the other hand, many
jurisdictions have advised that a
judge may not use the title “Retired
Judge” or “Former Judge” in
solicitations or advertisements,
including letterhead and business
cards, but may make factual
statements about his or her prior
judicial service. Ariz. Jud. Ethics
Advisory Comm. Op. 16-02; Minn.
Bd. on Jud. Standards Op. 2015-1;
Ky. Jud. Ethics Op. JE-115 (2007);
see also Mich. Standing Comm. on
Prof’l & Jud. Ethics Op. RI-375
(2016); N.Y. Joint Advisory Op. 09-
59/09-86; Fla. Bar Standing Comm.
on Advert. Op. A-09-1; Penn. Bar
Ass’n Comm. on Legal Ethics &
Prof’l Resp. Op. 93-73; Tex. Comm.
on Jud. Ethics Op. 155 (1993); see
generally Former judge’s use of
judicial title, JUDICIAL CONDUCT
REPORTER, Fall 2017, at 21.
2
Alternative dispute resolution includes
arbitration, mediation, and private judging.
The Commission recognizes that
many retired-active judges offer a
variety of services, including legal,
arbitration, mediation, and private
judging, either as a solo practitioner
or by joining a firm that offers one or
a combination of those services.
Additionally, the Commission
recognizes that its previous advice
was issued before the enactment of
Ala. Act 2012-266 which allowed for
the creation and use of private judges.
To be qualified as a private judge, one
must “have served in the capacity of
judge for at least six consecutive
years.” Ala. Code § 12-11A-2(a)(1)
(West, Westlaw current through the
end of the 2024 Regular Session.)
Additionally, the case over which the
private judge is to be appointed must
be “one over which the court in which
the former judge served would have
had subject matter and monetary
jurisdiction.” Id. at (b)(2). Thus, for
retired-active judges who offer
private judging services, their prior
judicial service is directly related to
their qualifications to offer those
services. Indeed, jurisdictions that
have concluded that a retired-active
judge may refer to his or her judicial
title have recognized that
biographical information regarding
the judge’s former service “is offered
to indicate the former judicial
officer’s experience as a factfinder.”
Wash. Jud. Ethics Op. 02-17.
Based on the foregoing, it is the
opinion of the Commission that a
ADVISORY OPINION 25-966
PAGE 3
retired-active judge providing legal,
non-legal, or both services may not
use his or her previous judicial title
in the letterhead of his or her firm,
even if modified to indicate the
judge’s status as a retired judge. A
retired-active judge may, however,
include his or her prior judicial
service along with other biographical
information. The Commission is not
persuaded that a public policy of
encouraging alternative dispute
resolution justifies allowing one to
exploit his or her previous judicial
title by using that title in connection
with the judge’s provision of those
services, especially where the retired-
active judge is not acting in any
judicial capacity. The Commission
recognizes, however, that a retired-
active judge’s previous judicial
experience may be directly relevant
to his or her qualifications to offer
certain services, such as with private
judging. Moreover, in the
Commission’s view, stating factual,
biographical information regarding a
retired-active judge’s experience that
is already available as part of the
public record does not tend to exploit
the judicial office in violation of
Canon 5C(1).
Thus, a retired-active judge may
include his or her prior judicial
service along with other previous
work experience, including the office
or offices held by the retired-active
judge, the number of years that the
retired-active judge served, and the
court or courts on which the judge
served. A retired-active judge may
not, however, use the title “Judge,”
even where modified by “Retired” or
similar language, in letterhead or on
business cards, social media
accounts, websites, signature blocks,
or in any advertisements or
solicitations for the judge’s firm. For
example, a judge may not be
identified in the name of his or her
firm or on the firm’s website, in the
firm’s letterhead or other stationary,
or in any other advertisements or
solicitations as a judge. In other
words, the judge should not allow his
or her name to be used with a
modified form of his or her previous
judicial title. The judge may,
however, include a statement in a
biographical section about the judge
to the effect of, “Previously served as
a judge for [X] years in the [Y]
Judicial Circuit.” To the extent that it
is inconsistent with this opinion,
Advisory Opinion 08-896 is
overruled.
Notwithstanding the
Commission’s advice in this opinion,
retired-active judges should
remember that they are also subject to
Canon 2A’s requirement that they
“respect and comply with the law.”
This includes the Alabama Rules of
Professional Conduct. The
Commission’s advisory opinion
authority is limited to the application
of the Canons of Judicial Ethics; thus,
it may not provide advice as to the
application of the Rules of
Professional Conduct. Rule 18, Ala.
R.P. Jud. Inquiry Comm’n. The
Commission notes, however, that this
opinion is consistent with previous
guidance concerning the use of
ADVISORY OPINION 25-966
PAGE 4
judicial titles under the Alabama
Rules of Professional Conduct. See
generally Roman A. Shaul, Judicial
Titles Are Not Portable–They Stay
with the Position, Not the Individual,
81 THE ALA. LAW. 306 (July 2020). If
a retired-active judge’s conduct, even
if consistent with this opinion, would
violate the Rules of Professional
Conduct, then the retired-active
judge’s conduct is prohibited by
Canon 2A.
REFERENCES
Alabama Act 2012-266.
Alabama Canons of Judicial Ethics
2A, 5C(1), Compliance § D(2).
Ala. Code §§ 12-11A-2(a)(1), (b)(2).
Alabama JIC Advisory Opinion 08-
896.
Ala. R.P. Jud. Inquiry Comm’n 18.
Arizona Judicial Ethics Advisory
Committee Opinion 16-02.
Florida Bar Standing Committee on
Advertising Opinion A-09-1.
Former judge’s use of judicial title,
JUDICIAL CONDUCT REPORTER, Fall
2017, at 21.
Kentucky Judicial Ethics Opinion JE-
115 (2007).
Maryland Judicial Ethics Committee
Opinion 2008-14.
Michigan Standing Committee on
Professional and Judicial Ethics
Opinion RI-375 (2016).
Minnesota Board on Judicial
Standards Opinion 2015-1.
New York Joint Advisory Opinion 09-
59/09-86.
Ohio R. Prof’l Resp. 8.2.
Pennsylvania Bar Association
Committee on Legal Ethics and
Professional Responsibility Opinion
93-73.
Roman A. Shaul, Judicial Titles Are
Not Portable–They Stay with the
Position, Not the Individual, 81 THE
ALA. LAW. 306 (July 2020).
Texas Committee on Judicial Ethics
Opinion 155 (1993).
Washington Judicial Ethics Opinion
02-17.
This opinion is advisory only and is
based on the specific facts and
questions submitted by the judge who
requested the opinion pursuant to
Rule 18 of the Alabama Rules of
Procedure of the Judicial Inquiry
Commission. For further
information, you may contact the
Judicial Inquiry Commission, P.O.
Box 303400, Montgomery, Alabama
36130-3400; tel.: (334) 242-4089;
email: [email protected].