Can a Texas lawyer who retired from a part-time municipal court judgeship put 'Retired Judge' on letterhead and business cards?
Texas Ethics Opinion 639: "Retired Judge" on a Lawyer's Letterhead
Short answer: Per the Committee, a lawyer who has retired from part-time municipal court service may put "Retired Judge" on letterhead and business cards, but only if the lawyer in fact retired in the ordinary sense of the word and the designation will not mislead recipients about the lawyer's judicial experience; using "judge" without naming the court can mislead, and stating the specific court cures the problem.
Disclaimer: This is an advisory ethics opinion. Advisory opinions are not binding; they interpret the Texas Disciplinary Rules of Professional Conduct and are persuasive authority. This summary is for research purposes only and is not legal advice. Verify current rules before acting on any specific guidance.
About this page: The plain-English summary and Q&A below were written by Ezel based on the official opinion. The opinion text is reproduced at the bottom; the official source (linked) controls.
Plain-English summary
The opinion addresses a lawyer who served for years as a part-time judge of a municipal court in a small suburban community, kept a private practice the whole time, and after leaving the bench wants to print "Retired Judge" on letterhead and business cards. The Committee analyzes the question under Texas Rule 7.01(f), which bars a letterhead or professional designation that violates Rule 7.02(a), and Rule 7.02(a), which prohibits a false or misleading communication about a lawyer's qualifications or services.
On the word "retired," the opinion concludes that the term communicates that the lawyer in fact retired, in the common meaning of "retire," after a significant period of service. If the lawyer for any reason did not complete the prerequisites to honorably retire from the position, the correct word would be "former," and using "retired" would violate Rule 7.02(a).
On the word "judge," the opinion concludes that using "judge" without indicating the court creates a substantial risk of misleading recipients, because "judge" standing alone is normally read as full-time service on a court of broad trial or appellate jurisdiction, not part-time municipal service combined with private practice. The opinion states this risk can be eliminated by identifying on the letterhead and business cards the specific court in which the lawyer had served.
The opinion also notes that it addresses only the Disciplinary Rules and that the Texas Code of Judicial Conduct (citing Canon 6(F)) may separately govern aspects of a retired or former judge's conduct, a question the Committee says is beyond its authority.
In practice
Under this opinion, and under the Texas rules as they stood in 2013, a lawyer who has genuinely retired from part-time municipal judicial service may use "Retired Judge" on letterhead and business cards so long as the designation is truthful and not misleading. The opinion holds that "retired" must be accurate (otherwise "former" is the correct word) and that "judge" used without the court name carries a substantial risk of misleading readers about the nature of the prior service; per the opinion, naming the specific court eliminates that risk. The opinion expressly leaves any Code of Judicial Conduct constraints to other authorities.
Common questions
Q: Can a former part-time municipal judge in Texas advertise "Retired Judge"?
A: Per Opinion 639, yes, if the lawyer actually retired (in the ordinary sense) from the municipal court and the designation is not likely to mislead recipients about the lawyer's judicial experience.
Q: What is the difference between "Retired Judge" and "Former Judge" under the opinion?
A: The opinion concludes that "retired" communicates that the lawyer in fact retired after a significant period of service; if the lawyer did not complete the prerequisites to honorably retire, only "former" is accurate and using "retired" would violate Rule 7.02(a).
Q: Does the lawyer have to name the court?
A: The opinion holds that "judge" without indicating the court creates a substantial risk of misleading recipients (because it reads as full-time service on a court of broad jurisdiction) and that identifying the specific court eliminates that risk.
Q: Does this opinion clear the conduct under the Code of Judicial Conduct?
A: No. The opinion addresses only the Texas Disciplinary Rules of Professional Conduct and states that the Texas Code of Judicial Conduct may also govern, a matter the Committee says is beyond its authority.
Background and rules framework
The opinion interprets Texas Disciplinary Rule of Professional Conduct 7.01(f), which prohibits using "a firm name, letterhead, or other professional designation that violates Rule 7.02(a)," together with Rule 7.02(a), which prohibits a lawyer from making or sponsoring "a false or misleading communication about the qualifications or the services of any lawyer or firm." Rule 7.02(a)(1) defines a communication as false or misleading if it contains a material misrepresentation of fact or law, or omits a fact necessary to keep the statement as a whole from being materially misleading. In the ABA Model Rules numbering of the time, the false-or-misleading-communications standard corresponds to Model Rule 7.1 and the firm-name and letterhead provisions correspond to Model Rule 7.5.
Citations and references
Rules of Professional Conduct:
- MR 7.1 (communications concerning a lawyer's services; false or misleading communications)
- MR 7.5 (firm names and letterheads)
- Texas Disciplinary Rule 7.01(f) (firm name, letterhead, or professional designation)
- Texas Disciplinary Rule 7.02(a), 7.02(a)(1) (false or misleading communications about qualifications or services)
Other authority referenced:
- Tex. Code Jud. Conduct, Canon 6(F) (noted as potentially governing a retired or former judge's conduct; beyond the Committee's authority)
See also
- TX Ethics Op. 640: Assumed Firm Name Including an Employed Lawyer
- CA COPRAC Op. 2004-167: Firm Trade Names and Government Titles
Source
- Landing page: https://www.legalethicstexas.com/resources/opinions/opinion-639/
- Original PDF: https://tcle-web.s3.amazonaws.com/public/documents/Opinion_639.pdf
Original opinion text
Reproduced from the official source for research purposes. The linked source is authoritative.
QUESTION PRESENTED
Is it permissible under the Texas Disciplinary Rules of Professional Conduct to include "Retired Judge" on the letterhead and business cards of a practicing lawyer who has retired from service as a part-time municipal court judge?
STATEMENT OF FACTS
A lawyer who, while practicing law, has served for a number of years as a judge of a municipal court in a small suburban community retires from this position and continues his private law practice. The lawyer proposes to include the phrase "Retired Judge" on his letterhead and business cards.
DISCUSSION
Rules 7.01 and 7.02 of the Texas Disciplinary Rules of Professional Conduct are applicable to the question presented here. Rule 7.01(f) prohibits the use of "a firm name, letterhead, or other professional designation that violates Rule 7.02(a)." Rule 7.02(a) provides in part that "[a] lawyer shall not make or sponsor a false or misleading communication about the qualifications or the services of any lawyer or firm." Rule 7.02(a)(1) specifies that a communication is false or misleading if it "contains a material misrepresentation of fact or law, or omits a fact necessary to make the statement considered as a whole not materially misleading[.]"
In the circumstances considered, the phrase "Retired Judge" indicates that the lawyer did in fact retire, in the common meaning of the word "retire," from his position as municipal court judge after a significant period of service. If the lawyer for any reason did not complete the prerequisites to honorably retire from the position as municipal court judge, then the use of the word "retired," rather than another term such as "former," would be incorrect and therefore would not be permitted by Rule 7.02(a).
Use on the lawyer's letterhead and business cards of the word "judge" without indication of the court on which the judge served creates a risk that a person receiving the letterhead or card might misapprehend the lawyer's judicial experience. The experience gained by a lawyer from prior service as a judge may or may not be significant for the lawyer's current legal work. A lawyer who has served as a municipal court judge while also practicing law will have quite different experiences from the experiences of a lawyer who has served as a full-time judge of a trial court of general jurisdiction or as a full-time judge of an appellate court. In the circumstances here considered, the lawyer's use on letterhead and business cards of the word "judge" without more would appear to create a substantial risk of misleading recipients of the lawyer's letterhead and business cards as to the lawyer's prior judicial service. The communication would likely be misleading to many recipients because the term "judge" without indication of the court where the judge served would normally be interpreted as referring to full-time judicial service in a court having broad trial or appellate jurisdiction. This problem could be eliminated by indicating on the lawyer's letterhead and business cards the court in which the lawyer had served as judge prior to his retirement from that position.
It should be noted that this opinion addresses only issues related to the application of the Texas Disciplinary Rules of Professional Conduct. In some circumstances, the Texas Code of Judicial Conduct may also govern certain aspects of the conduct of a retired or former judge. Tex. Code Jud. Conduct, Canon 6(F), reprinted in Tex. Gov't Code Ann., tit. 2, subtit. G, app. B (Thomson Reuters 2013). It is beyond the authority of this Committee, however, to address issues relating to the Texas Code of Judicial Conduct.
CONCLUSION
Under the Texas Disciplinary Rules of Professional Conduct, it is permissible for a lawyer who has ended his service as a part-time municipal court judge to include on the lawyer's letterhead and business cards the phrase "Retired Judge" if the lawyer has actually retired from this judicial service in the ordinary sense of the word "retire" and if the use of the phrase "Retired Judge" will not be likely to mislead the recipients of the lawyer's letterhead and business cards with respect to the judicial experience actually possessed by the lawyer. The potential for misleading the recipients of the lawyer's letterhead and business cards can be eliminated by including the specific court or judicial position previously occupied by the lawyer.
Tex. Comm. On Professional Ethics, Op. 639 (2013)