What can a lawyer running for judge put in campaign material, and can he call himself a judge based on a judges'-association membership?

Plain-English summary

A lawyer seeking judicial office asked which materials he could use: a letter from a judge praising his service as a small-claims arbitrator, a letter about his voluntary attendance at a local justice training program, references to his organizational memberships, copies of diplomas and certificates, and reference to himself as "judge" by virtue of his membership in a judges' association. The committee answered by reference to the campaign guidelines in N.Y. State 289 (1973) and N.Y. City 882 (1973), and to Canon 7(B) of the Code of Judicial Conduct, which exist to keep judicial campaigns consistent with the dignity and integrity of the profession and the judicial system.

The committee held it appropriate for a candidate to inform the electorate of his qualifications through all media, provided the presentation comports with the dignity of the office and is not sensational or dramatic. It was therefore not improper to make known his arbitrator experience in a small-claims part, his voluntary attendance at a training program, and his relevant organizational memberships. But even though his certificate of membership in the North American Judges Association referred to him as "judge," it would be ethically improper for a lawyer who is not an incumbent judge to call himself a "judge" in his campaign, because doing so would be misleading.

The committee further held that using copies of laudatory letters from judicial personnel would be improper and would violate the guidelines' prohibition on endorsements from a judge in the New York court system. Diplomas and certificates should be used only with considerable caution to avoid a sensational or dramatic presentation; any document calling the candidate "judge" or suggesting he is a judge may not be used when he is not in fact an incumbent. Since membership in appropriate organizations may be stated directly, the committee viewed the use of diplomas or certificates as unnecessary and potentially lacking in dignity unless the membership was challenged by the opposition.

Currency note

This opinion was issued in 1975, before New York replaced the Code of Professional Responsibility with the Rules of Professional Conduct in 2009 and before later revisions to New York's judicial campaign rules. Judicial campaign conduct is now governed by the Rules Governing Judicial Conduct rather than the 1972 Code of Judicial Conduct cited here. Subsequent rule amendments or later opinions may have changed the analysis. Treat this page as historical context, not current guidance. Verify against current rules before relying on any specific rule, deadline, or requirement mentioned here.

Common questions

Q: Can a judicial candidate advertise his qualifications?

A: Under this opinion, yes, in a dignified and truthful manner across all media, including relevant experience, training, and organizational memberships, so long as the presentation is not sensational or dramatic.

Q: Can a lawyer who belongs to a judges' association call himself "judge" in the campaign?

A: Per the opinion, no. The committee held it ethically improper and misleading for a non-incumbent to refer to himself as a judge, even if a membership certificate uses that label.

Q: Can the candidate circulate praise letters from judges?

A: No. The committee said using laudatory letters from judicial personnel would be improper and would violate the guidelines' ban on endorsements from a judge in the New York court system.

Background and rules framework

The opinion applied the campaign guidelines of N.Y. State 289 (1973) and N.Y. City 882 (1973) and Canon 7(B) of the then-current Code of Judicial Conduct, which governed the conduct of judicial election campaigns. Because the subject is judicial campaign conduct rather than a Model Rule of Professional Conduct topic, no Model Rule analogue is cited; the governing authority today is New York's Rules Governing Judicial Conduct.

Citations and references

Rules of Professional Conduct:

• NY Code of Judicial Conduct Canon 7(B) (campaign conduct of judicial candidates)

Other opinions cited:

• N.Y. State 289 (1973); N.Y. City 882 (1973): guidelines for judicial election campaigns

See also

• NY State Bar Op. 389: A former town justice appearing as town attorney

Source

• Landing page: https://nysba.org/opinion-391/