Opinion 10-108

September 16, 2010

Digest:         The names of judges who are members of a bar association’s board of directors may be preceded by the title “Honorable” on the bar association’s letterhead even though the designation “Esq.” is not included after the names of lawyers who also are members of the same board of directors.

Rules:          22 NYCRR 100.2(A); 100.4(C)(3); 100.4(C)(3)(b)(I); 100.4(C)(3)(b)(iv); Opinion 02-106

Opinion:

         A judge who is a member of a bar association’s board of directors asks whether it is permissible for the title “Honorable” to precede his/her name on the bar association’s letterhead when the designation “Esq.” is not included after the names of lawyers who are members of the same board of directors.

         A judge must avoid impropriety and its appearance in all the judge’s activities (see 22 NYCRR 100.2[A]). A judge may engage in extra-judicial activities and may serve as an officer, director, trustee or non-legal advisor of a non-profit educational, religious, charitable, cultural, fraternal or civic organization, but is prohibited from personally participating in soliciting funds or other fund-raising activities on the organization’s behalf (see 22 NYCRR 100.4[C][3]; 100.4[C][3][b]([I]). A judge who is a member of such an organization must not use or permit the use of the prestige of judicial office for fund-raising or membership solicitation, but may be listed as an officer, director or trustee of the organization (see 22 NYCRR 100.4(C)(3)(b)(iv). A judge’s name and office or other position in the organization may be listed on the organization’s regular letterhead and, if comparable designations are listed for other persons, the judge’s judicial designation may be included as well, even if the letter head will be used for fund-raising or membership solicitation (see id.).

         Nevertheless, it is permissible for the title “Honorable” to precede judges’ names on a bar association’s letterhead when the designation “Esq.” is not included after the names of lawyers who also are members of the same board of directors. Because all members of a bar association are lawyers, the designation “Esq.” after any individual member’s name is redundant. Using the title “Honorable” simply identifies those lawyer/members who are judges. However, a judge’s name and judicial designation may not be used on letterhead solely to raise funds (see Opinion 02-106).