Could a former district judge use “Judge” in judicial campaign logos and signs?

Plain-English summary

A circuit-judge candidate had previously served as a district judge but had not held judicial office since late 2004, apart from two special-judge assignments. He asked whether he could use “Judge” in a campaign logo, on signs, or in other materials.

The Committee concluded that use of the title would misrepresent his present position under the then-current Code and therefore violate it. It distinguished an earlier opinion involving a candidate who had served in judicial office over the preceding six years.

In practice

The opinion addresses the former judge’s proposed use of “Judge” in campaign materials. The Committee said that use would misrepresent his present position.

Common questions

Q: Could the candidate use “Judge” on campaign signs?

A: No. The Committee said that use would misrepresent his present position.

Q: Did earlier service as a district judge decide the issue in his favor?

A: No. The Committee acknowledged the service but focused on the fact that he no longer held that position.

Background and rules framework

The opinion applies then-current Arkansas Code of Judicial Conduct Canon 5(3)(d)(iii), restricting knowing misrepresentation of a candidate’s present position, and distinguishes JEAC Opinion 2002-03.

Citations and references

• Arkansas Code of Judicial Conduct Canon 5(3)(d)(iii), as cited in the opinion.
• JEAC Opinion 2002-03 (distinguished).

See also

No sibling opinions yet indexed.

Source

• Landing page: https://jddc.arkansas.gov/opinions/opinion-no-2005-08/

Original opinion text

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

January 27, 2006

Raymond L. Spruell, Jr., Esquire Mooney Law Firm, P.A.

401 South Main–P.O. Box 1428

Jonesboro, Arkansas 72403-1428

Re: Advisory Opinion No. 2005-08

Dear Mr. Spruell:

In your letter requesting an advisory opinion you stated that you are a publically announced candidate for Circuit Judge in the Second Judicial District. You stated that in 2002 the Governor appointed you District Judge and that you surrendered your private practice of law and served in that capacity for two years. You stated further that you were appointed District Judge for Lepanto, Marked Tree and Tyronza, a part time position, and that you served for several months. According to your letter, you have not served as a judge since December 31, 2004 except for having served as a Special District Judge on two occasions.

You have inquired as to whether your referring to yourself as “Judge” in a campaign logo, on signs or other campaign material would violate the Code of Judicial Conduct.

Canon 5 (3) (d) (iii) provides that a candidate for judicial office shall not “knowingly misrepresent the identity, qualifications, present position or other fact concerning the candidate or an opponent;.” Your situation differs significantly from that in our Advisory Opinion No. 2002-03 in that the judge in that case had served for the last past six years. You have not served as a judge since 2004 and it is our opinion that your use of the term “Judge” in your campaign material would misrepresent your present position and would be in violation of the Code.

Very truly yours,

Edwin B. Alderson, Jr.,

For the Committee