COMMITTEE ON CODES OF CONDUCT
ADVISORY OPINION NO. 72
Use of Title "Judge" by Former Judges.
A judge has inquired respecting use of the title "judge" by former
judges who have returned to the practice of law and whether sitting judges
have any ethical responsibilities relating to such use.
Historically, former judges have been addressed as "judge" as a
matter of courtesy. Until recently there have been very few former federal
judges. With federal judges returning to the practice of law in increasing
numbers, ethical considerations are implicated. The prospect of former
federal judges actively practicing in federal courts raises what otherwise
might be an academic question into a matter of practical significance.
A litigant whose lawyer is called "Mr.," and whose adversary's lawyer
is called "Judge," may reasonably lose a degree of confidence in the integrity
and impartiality of the judiciary. Moreover, application of the same title
to advocates and to the presiding judicial officer can tend to demean the
court as an institution. Judges should insure that the title "judge" is
not used in the courtroom or in papers involved in litigation before them
to designate a former judge, unless the designation is necessary to describe
accurately a person's status at a time pertinent to the lawsuit.
February 2, 1982
Reviewed January 16, 1998