May an Arkansas judicial candidate who previously served as a judge call himself a former judge in campaign materials?

Plain-English summary

A candidate for circuit judge had briefly served as an appointed circuit judge several years earlier. He asked whether he could describe himself as a “former judge” in campaign materials.

The Committee said the candidate could tell voters that he had held judicial office and could use the proposed phrases identifying himself as a former judge. It treated that service as part of his personal history and did not view the examples as violating the Code of Judicial Conduct.

The opinion distinguished the ballot designation: it agreed that he could not list himself simply as “judge” on the ballot, citing Arkansas Code Annotated section 7-7-305(c)(1)(B) and two earlier advisory opinions.

In practice

The opinion allows the candidate's proposed campaign wording about actual prior service. Its ballot-title conclusion is separate from its treatment of campaign descriptions.

Common questions

Q: May the candidate say “former judge” in campaign materials?

A: Yes. The Committee said the candidate's two proposed formulations would not violate the Code.

Q: May he put “judge” on the ballot?

A: No. The opinion agrees that he cannot use “judge” as his ballot designation under the cited statute.

Background and rules framework

The opinion discusses accurate description of prior judicial service in campaign materials. It cites Arkansas Code Annotated section 7-7-305(c)(1)(B) for the ballot-title limitation but identifies no numbered Code of Judicial Conduct rule for the proposed campaign wording.

Citations and references

Statute cited: Ark. Code Ann. § 7-7-305(c)(1)(B).

Other opinions cited: Arkansas Advisory Opinions 2002-03 and 2005-08.

See also

• AR Judicial Ethics Opinion 2015-03: Party Contributions

Source

• Landing page: Arkansas JEAC Opinion 2014-02
• Original PDF: Official opinion and release
• Archived official PDF: Reviewable 2025 capture

Original opinion text

Best-effort transcription from a scanned PDF. Minor errors may remain; the linked PDF is authoritative.

Judicial Ethics Advisory Committee

Hon. Edwin Alderson
Municipal Judge Retired

Prof. Howard W. Brill

Hon. John Cole
Circuit Judge Retired

March 6, 2014

Ernest Sanders, Jr., Esq.
Attorney at Law

Post Office Box 326

Little Rock, Arkansas 72203

Re: Advisory Opinion 2014-02
Dear Mr. Sanders:

You have advised us that as of February 24 you will be an announced candidate for Circuit Judge of the 6th Judicial District. You stated that in 2010 you were appointed as Circuit Judge In Pulaski County to serve the remainder of a term after the judge was removed from office and that you have not served in any judicial office since December 31, 2010.

You are correct in your conclusion that you cannot refer to yourself on the ballot as “judge”. Arkansas Code Ann 7-7-305 (c) (1) (B); Advisory Opinions 2002-03 and 2005-08. Your question pertains to the use of “former judge” in various aspects of your political campaign for judicial office. As examples you asked, “can I say “elect Ernest Sanders, a former judge, for Circuit Judge or “Former Judge Ernest Sanders for Circuit Judge”.

We are of the opinion that you may let the public know who you are and your qualifications for office and that this includes the fact that you have held the office of Circuit Judge. Your having served as a Circuit Judge constitutes a part of your personal history and the public is entitled to know this. Additionally, we do not believe the use of the phrases in your examples would violate the Code of Judicial Conduct.

For the Committee,

Judge Edwin B. Alderson (retired)