Opinion 24-154

October 30, 2024

Digest:  A town justice who practices law (1) may include on their law firm’s stationery and website the disclaimer that the firm cannot accept cases from the town, without reference to his/her judicial status; (2) may mention their judicial title within the body of their online law firm biography, but not in the heading of the biography or elsewhere on the law firm’s website or stationery.

Rules:   22 NYCRR 100.2; 100.2(A); 100.2(C); 100.4(D)(1)(a); Opinions 14-158; 09-59/09-86.

Opinion:

          The inquiring town justice, a practicing attorney, receives numerous calls from prospective clients for matters that would come before the town court, which the judge must decline.  The judge would like to discourage such calls and reduce the risk of exposure to ex parte communications.  Accordingly, the judge asks if it is ethically permissible to mention their judicial status on the law firm’s stationery and website, using language such as “Also serving the Town of ___ as its Town Justice.” 

          A judge must always avoid even the appearance of impropriety and promote public confidence in the judiciary’s integrity and impartiality (see 22 NYCRR 100.2; 100.2[A]).  A judge “shall not lend the prestige of judicial office to advance the private interests of the judge or others” (22 NYCRR 100.2[C]), nor engage in business and financial dealings that “may reasonably be perceived to exploit the judge’s judicial position” (22 NYCRR 100.4[D][1][a]).

          A part-time lawyer judge must avoid even the appearance of using their judicial position to promote either the law firm or the judge’s legal services (see Opinions 14-158; 09-59/09-86).  Thus, we have said a part-time judge may include the designation “Hon.” preceding their name “within the body” of their online law firm biography, but “may not include it in the heading or otherwise display [their] judicial title in the firm’s list of attorneys” (Opinion 14-158, clarifying Opinion 09-59/09-86).  Indeed, while the judge may “indicate” or “list” their judicial title within their law firm biography, the judge “should not describe [their] judicial duties or significant cases over which [the judge] has presided” (Opinion 09-59/09-86).

          In our view, the inquiring judge’s desire to minimize fruitless telephone calls with impermissible clients and avoid ex parte communications does not outweigh the danger of appearing to exploit their judicial status to promote their private law practice.  We reaffirm that the judge may not include their judicial title on the law firm’s stationery or website, other than within the body of an online biography, and therefore conclude the judge may not use the proposed disclaimer “Also serving the Town of ___ as its Town Justice.”  However, we also conclude the judge may include a disclaimer on the law firm’s stationery and website that the law firm cannot accept cases from the town, provided the disclaimer does not reference the judge’s judicial status.