Opinion 98-89

Opinion: 98-89 September 10, 1998 Digest: A judge may permit the use of the title "Justice" before his or her name and the use of a photograph of the judge wearing a robe, in the advertising and promotion of a law book written by the judge.

Rule:    22 NYCRR 100.4(H)(1);
            Opinions 95-145 (Vol. XIII),
            94-68 (Vol. XII), 93-37 (Vol. XI).

Opinion:

A judge who has written a book on trial objections has inquired whether the title "Justice" may be used before the judge's name on the book and whether advertising brochures may depict the judge wearing a robe.

A full-time judge is entitled to earn compensation from the authorship of a legal publication. 22 NYCRR 100.4(H)(1); Opinions 95-145 (Vol. XIII); 93-37 (Vol. XI). And, as stated in Opinion 94-68 (Vol. XII), "promotion of the judge's written contribution would be permissible as any adjunct to such activity." This could include the use of the judge's title, and photograph wearing a judicial robe. Accordingly, in the opinion of the Committee, the inquirer may permit the use of the term "Judge" or "Justice" before the judge's name in the book, and a photograph depicting the judge wearing a robe.