May a Vermont assistant judge keep a name in a law firm's title and continue serving on a school board?

Plain-English summary

The requesting lawyer had been elected an assistant judge, retired from practice, and asked whether a former firm could keep using the lawyer's name. The lawyer also held an elected municipal school board seat and asked about serving the rest of that term and running again.

The committee said the judicial code permitted an assistant judge, as a continuing part-time judge, to practice with a firm or as of counsel, subject to restrictions on appearing in courts connected to the judge's own court. Under the then-current Vermont Rule 7.5(c), the firm could use the judge's name in its title and letterhead only if the judge actively and regularly practiced with the firm. It did not view the judicial code's restriction on lending judicial prestige as barring that arrangement on the stated facts.

For the school board, the committee distinguished an existing elected seat from seeking a new term. Its synopsis says the judge may remain until the current board term expires, and its analysis says the judicial code's resignation rule does not extend to persons already holding public office. It concluded that the judge could not run for reelection. The final sentence, however, says the lawyer may continue as a school board member "before taking the oath of office as an assistant judge." The source does not reconcile that phrase with its synopsis and analysis.

In practice

The opinion ties use of the judge's name in firm communications to actual, regular practice with that firm. Its treatment of continued school board service contains the difference between its synopsis and analysis and its final sentence described above.

Common questions

Q: Could the firm keep the judge's name if the judge stayed retired?

A: No. The conclusion permits continued use only if the judge rejoins the firm and actively and regularly practices with it.

Q: Could the assistant judge practice law as part of a firm?

A: The opinion says yes under the judicial code then in force, subject to restrictions on practicing in the judge's court and courts within its appellate jurisdiction.

Q: Could the assistant judge seek another school board term?

A: No. The opinion applies Canon 5.A.(3)'s restriction on becoming a candidate for another elective office to a school board reelection campaign.

Q: Did the opinion give a consistent answer about finishing the existing school board term?

A: Its synopsis and analysis say an existing board member may continue through the term, while the conclusion says the lawyer may continue on the board "before taking the oath of office as an assistant judge."

Background and rules framework

The committee considered Vermont Rules of Professional Conduct 7.5, 8.2, 8.3, and 8.4 alongside the then-current Code of Judicial Conduct, including Application B of A.O. 10 and Canons 2.B, 4.C.(3), and 5.A.(3). It said the professional conduct rules allowed it to answer a prospective inquiry that also required applying the judicial code.

Citations and references

Rules of Professional Conduct:

• Vermont Rules 7.5(c), 8.2(b), 8.3(b), and 8.4(c), (f)

Other opinions cited:

• Vermont Opinions 92-10 and 88-20, earlier committee opinions applying provisions of the judicial code

See also

• Vermont Ethics Op. 92-02: Assistant judge and law practice
• Vermont Ethics Op. 91-15: Public official's name in firm title

Source

• Landing page: VBA judge opinions
• Original PDF: Vermont Advisory Opinion 06-06