Can a lawyer advertise that they serve as a 'Judge Pro Tem'?
Apply this to your situation
This page answers the general question as of 2004. Ezel answers yours: whether it's allowed on your facts, under the current rules of professional conduct in your state, with citations.
Plain-English summary
A lawyer asked whether using the term "Judge Pro Tem" in lawyer advertising violates the Rules of Professional Conduct. The committee said that so long as the designation "judge pro tem" is accurate, using the term in advertising would not run afoul of the rules. It added that the lawyer's advertisement, as a whole, must comply with Title 7 of the Rules of Professional Conduct (the advertising rules).
Currency note
This opinion was issued in 2004, before the Washington State Bar Association's adoption of the 2006 revisions to the Rules of Professional Conduct. Washington's lawyer-advertising rules in Title 7 were revised in 2006 and amended in later years. 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 Treat this page as historical context, not current guidance.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 mentioned here.
In practice
Under the Washington rules as they stood at the time of the opinion, the committee treated the "Judge Pro Tem" designation as permissible advertising content if accurate. It tied the conclusion to two points: the designation must be accurate, and the advertisement as a whole must satisfy Title 7. The committee did not single out the title for special restriction beyond the general truthful-and-not-misleading requirements that govern all lawyer advertising.
Common questions
Q: Can a lawyer who serves as a judge pro tem say so in advertising?
A: The committee said yes, as long as the "Judge Pro Tem" designation is accurate.
Q: Are there other limits on the advertisement?
A: Yes. The committee said the advertisement as a whole must comply with Title 7 of the Rules of Professional Conduct, the rules governing lawyer advertising.
Background and rules framework
The opinion applies Title 7 of the Washington Rules of Professional Conduct, the body of advertising rules, and in particular the principle that a lawyer's communications about the lawyer's services must be accurate and not misleading (Model Rule 7.1). The committee's analysis turns on the accuracy of the designation and the overall compliance of the advertisement, not on any categorical bar against stating a judicial pro tem role.
Citations and references
Rules of Professional Conduct:
- Model Rule 7.1 / Washington RPC Title 7 (lawyer advertising; communications must be accurate and not misleading)
See also
- ABA Formal Op. 95-391: Former Judge Using "Judge"
- WA Ethics Op. 2048: Membership Logo on Letterhead
- WA Ethics Op. 2040: 'Law Group' Firm Name
Source
- Landing page: https://ao.wsba.org/print.aspx?ID=1302
Original opinion text
Reproduced from the official source for research purposes. The linked source is authoritative.
Advisory Opinion: 2058
Year Issued: 2004
RPC(s): RPC Title 7
Subject: Use of term “Judge Pro Tem” in advertising
The inquiring lawyer asks if the use of the term "Judge Pro Tem" in lawyer advertising violate the Rules of Professional Conduct? The committee opined that so long as the designation “judge pro tem” is accurate, using the term "Judge Pro Tem" in advertising would not run afoul of the Rules of Professional Conduct. In addition, the lawyer’s advertisement, as a whole, must comply with Title 7 of the Rules of Professional Conduct.
Get today's answer for your situation
You just read a 2004 opinion on this question. Ezel checks the current rules of professional conduct in your state and answers your specific situation, with citations.
Opens in Ezel Pro. Every answer cites the rules it relies on.