May a part-time judge mention judicial office in a directory listing for the judge's law practice?

Plain-English summary

A part-time judge who also practiced law asked whether a Martindale-Hubbell directory listing could mention the judicial position. The Committee concluded that the Code prohibited that reference in the private practice listing.

Under Canons 2A and 2B, the Committee focused on preserving confidence in judicial impartiality and avoiding use of judicial prestige for a judge's private interests. It said the directory reference could appear to promote the practice or lead readers to think the judge had greater authority or influence over other judges.

The opinion cites several judicial ethics opinions from other jurisdictions addressing judicial titles in lawyer advertising and practice announcements. Its holding is limited to the described directory listing.

In practice

For the part-time lawyer-judge's proposed Martindale-Hubbell entry, the opinion prohibits mentioning the judicial position. The Committee grounded that result in the impression created by using judicial office to promote private practice.

Common questions

Q: Can the directory listing identify the lawyer as a part-time judge?

A: No. The Committee concluded that the Code bars reference to the judicial position in that law practice listing.

Q: Why did the Committee object to the reference?

A: It said the listing could appear to advance the judge's private interests and could suggest special authority or influence over other judges.

Background and rules framework

The opinion applies Canons 2A and 2B of the then effective New Hampshire Code of Judicial Conduct, Supreme Court Rule 38. Its cited opinions from Maine, Virginia, the District of Columbia, South Carolina, and New York address analogous uses of a judicial title in private practice promotion.

Citations and references

New Hampshire Code of Judicial Conduct: Canons 2A and 2B.

Other opinions cited: Maine Judicial Ethics Committee Op. 99-1; ABA Informal Op. 1473; New York Judicial Advisory Ops. 92-125, 96-88, 97-61, and 89-12; Virginia Judicial Ethics Advisory Op. 99-8; District of Columbia Judicial Conduct Op. 3; South Carolina Judicial Conduct Ops. 20-2000, 21-1997, 1-1998, and 6-1987.

See also

• NH Judicial Ethics Op. 2002-ACJE-04: Bar Events

Source

• Landing page: New Hampshire judicial ethics opinions
• Original PDF: Opinion 2002-ACJE-05
• Archived official PDF: reviewable 2003 capture

Original opinion text

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

STATE OF NEW HAMPSHIRE

SUPREME COURT

ADVISORY COMMITTEE ON JUDICIAL ETHICS

DOCKET NUMBER: 2002-ACJE-05

DATE ISSUED: December 20, 2002

QUESTION PRESENTED:

Does the Code of Judicial Conduct prohibit a part-time judge from listing his or her law practice in the Martindale-Hubbell Law Directory, when the listing includes a reference to being a judge?

DISCUSSION AND APPLICATION OF CODE OF JUDICIAL CONDUCT:

A part-time judge who also practices law is required to be particularly sensitive to the potential impact his or her judicial position may have on private pursuits. Maine Judicial Ethics Committee, Advisory Opinion 99-1 (1999) (by-line in published article refers to author as a probate judge), citing ABA Committee On Ethics and Professional Responsibility, Informal Opinion 1473 (1981).

Canon 2A of the Code of Judicial Conduct (Supreme Court Rule 38) requires that all judges “. . . shall act at all times in a manner that promotes public confidence in the integrity and impartiality of the judiciary.” Canon 2B of the Code of Judicial Conduct prohibits judges from lending “the prestige of judicial office to advance the private interests of the judge or others; nor shall a judge convey or permit others to convey the impression that they are in a special position to influence the judge.” Part-time judges must, therefore, be particularly careful not to use or create the appearance that their judicial office is being used to promote the private interests of the judge or others.

Inclusion of the reference to his or her status as a judge in the Martindale- Hubbell Law Directory at least creates the impression that the reference is being used to promote the private interests of the judge. Moreover, it may have the actual effect of directory users choosing the judge as a lawyer because directory users might infer that the lawyer/judge is more authoritative or because the listing conveys the impression that the judge may be in a special position as a lawyer to influence other judges. N.Y. Advisory Committee On Judicial Ethics, Opinion 92-125 (1992) (part-time judge advertising private law practice with reference to judicial position).

In addition to the opinions from other sources cited above, the committee notes that advisory opinions from other jurisdictions are in accord with this opinion and recommendation in a variety of similar circumstances. See Virginia Judicial Ethics Advisory Committee, Opinion 99-8 (1999) (reference to part-time judge's judicial status in Martindale-Hubbell directory); District of Columbia Advisory Committee on Judicial Conduct, Opinion No. 3 (1992) (retired judge's reference to previous judicial position in biography contained in arbitration association advertising); South Carolina Advisory Committee on Standards of Judicial Conduct, Opinion No. 20-2000 (2000) (part-time judge including reference to judicial position in newspaper advertisement for private practice); South Carolina Advisory Committee on Standards of Judicial Conduct, Opinion No. 21-1997 (1997) (retiring judge's law firm referring to judicial position in newspaper announcement of judge joining the firm); South Carolina Advisory Committee on Standards of Judicial Conduct, Opinion No. 1-1998 (1997) (announcement of opening of private practice containing reference to part-time judge's position mailed to friends, family, local bar association, and newspaper); South Carolina Advisory Committee on Standards of Judicial Conduct, Opinion No. 6 -1987 (1987) (retired judge's name appearing on firm letterhead, identified as "Retired Judge"); N.Y. Advisory Committee on Judicial Ethics, Opinion 96-88 (1996) (use of honorific "Hon." with name of part-time judge in advertisement for mediation association); N.Y. Advisory Committee on Judicial Ethics, Opinion 92-125 (1992) (reference to judicial title in advertisement of private practice); N.Y. Advisory Committee on Judicial Ethics, Opinion 97-61 (1997) (part-time judge's or judge's firm announcements containing reference to judicial position mailed to firm's clients); and N.Y. Advisory Committee on Judicial Ethics, Opinion 89-12 (1989) (part-time judge's name and judicial position on firm's stationery).

ADVISORY OPINION ON THE QUESTION PRESENTED:

The Code of Judicial Conduct prohibits a part-time judge from referring to his or her judicial position in a listing in the Martindale-Hubbell Law Directory.

THIS ADVISORY OPINION IS ISSUED BY UNANIMOUS CONCURRENCE OF ALL COMMITTEE MEMBERS.

James R. Patten, Vice-Chair

2

CAUTIONARY STATEMENT

This opinion is advisory only and not binding on the judicial conduct committee, which may, in its discretion, consider compliance with an advisory opinion by the requesting individual as a good faith effort to comply with the Code of Judicial Conduct. Rule 38- A(4)(c).

3