Can a former judge now practicing law use a 'Judge' nameplate on his office door or desk, or display old judicial certificates and photos?

Plain-English summary

A member of The Florida Bar in active practice had served as a part-time municipal judge from 1967 to 1971. He had received certificates of merit and appointment identifying him as "Judge," and a photograph of himself with a "Judge" nameplate taken while presiding. He asked whether he could use a "Judge" nameplate on his private (not outside) office door, display one on his desk, and display the certificates and photograph on his office walls.

The committee answered the first two questions no and the third yes. Relying on Opinion 70-63 (since withdrawn) and Opinion 73-27, and noting ABA Informal Opinion 1006, the committee reasoned that a former judicial officer should never personally use the courtesy title "Judge" in his law practice, meaning he should do nothing to designate himself as "Judge," although he need not forbid others from calling him that. It concluded that he may preserve and display documents and memorabilia bearing the title that were prepared during his judicial service and that show he held the office, but should not display or use them in a way suggesting he is presently a judge or should be addressed by that title. The committee added that the answer was the same whether the door and desk nameplates were acquired during or after his judicial service. The opinion noted that judicial conduct itself is governed by the Code of Judicial Conduct, interpreted by the Judicial Ethics Committee.

Currency note

This opinion was issued in 1973, before The Florida Bar's adoption of the 2006 revisions to the Rules of Professional Conduct. It applied the former Code of Professional Responsibility, which has since been replaced. Treat this page as historical context, not current guidance. Verify against current Rules 4-7.13 and 4-7.21 before relying on any specific requirement mentioned here.

Common questions

Q: Could the former judge put a "Judge" nameplate on his office door or desk?

A: Under this opinion, no. The committee concluded a former judicial officer should not personally use the courtesy title "Judge" in his law practice, so the door and desk nameplates were both barred.

Q: Could he display his old judicial certificates and a photograph?

A: Yes. The committee allowed display of documents, memorabilia, and a photograph from his judicial service, so long as they did not suggest he is presently a judge or should be addressed by that title.

Q: Did he have to stop people from calling him "Judge"?

A: No. The committee said he need not forbid clients, friends, and acquaintances from addressing him as "Judge" if they choose to.

Background and rules framework

The opinion applied the former Code of Professional Responsibility's restriction on a lawyer holding himself out in a misleading way, drawing on prior Opinions 70-63 and 73-27 and ABA Informal Opinion 1006. In current Florida practice the use of a misleading designation corresponds to Rule 4-7.13 (deceptive and inherently misleading advertisements) and Rule 4-7.21 (firm names, letterhead, and lawyer names); the Model Rule analogues are 7.1 and 7.5.

Citations and references

Other opinions cited:

• Florida Opinion 70-63 (since withdrawn): a former judicial officer's use of the courtesy title "Judge"
• Florida Opinion 73-27: telephone answering service answering as "Judge X's office"
• ABA Informal Opinion 1006: former judge's office nameplate

See also

• FL Bar Ethics Op. 73-27: Former Judge's Answering Service

Source

• Landing page: https://www.floridabar.org/etopinions/etopinion-73-31/
• Original PDF: https://www-media.floridabar.org/uploads/2017/04/FL-Bar-Ethics-Op-73-31-1-1.pdf

Original opinion text

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

FLORIDA BAR ETHICS OPINION
OPINION 73-31
October 22, 1973
Advisory ethics opinions are not binding.
A former judge now in active practice as an attorney may not use a nameplate "Judge . . ." on his door or on his desk. However, he may display documents and memorabilia of his former office so long as their display or use does not suggest he is presently a judge or should be addressed by that title. If he is addressed as "Judge . . ." by clients, friends, and acquaintances, he does not have to forbid them to do so.
Note: Judicial conduct is governed by the Code of Judicial Conduct. The Judicial Ethics Committee issues opinions interpreting this Code.
Opinions: 70-63, 73-27; ABA Informal 1006
Vice Chairman Sullivan stated the opinion of the committee:
A member of The Florida Bar now in active practice served as a part-time municipal judge from 1967 to 1971. During that time, he was awarded certificates of merit from various civic organizations and a certificate of appointment from the municipality, all of which identify him as "Judge . . . ." He also received a photograph of himself with a nameplate reading "Judge . . .," taken while he was presiding in court. He advises that clients, friends and acquaintances have voluntarily addressed him as "Judge" since he left the bench.
He has inquired whether he may properly:

1. Use a nameplate reading "Judge . . ." on his private, not his outside, office door.
2. Display a nameplate reading "Judge . . ." on his desk.
3. Display on his office walls the various certificates of commendation and appointment and the photograph.
   The first and second questions are answered in the negative, the third in the affirmative.
   We are governed by Opinions 70-63 [since withdrawn] and 73-27. ABA Informal Opinion 1006 also deals with the first question. In Opinion 70-63 [since withdrawn] this Committee said that a former judicial officer should never personally use the courtesy title "Judge" in his law practice. In other words, he should not do anything to designate himself as "Judge," although he does not have to forbid others from calling him "Judge" if they want to.
   A former judge may properly preserve and display documents and memorabilia bearing the title "Judge" which were prepared at the time he was a judge and which indicate that he did hold a judicial office, but he should not display or use them in a way that suggests he is presently a judge or that he should be addressed by that title. The inquiry does not indicate whether the attorney acquired the door and desk nameplates while he was a judge or afterwards. In either event, the answer is the same.