2006-4.

• Case Date: October 27, 2006
• Court: Alaska

Alaska Ethics Opinion 2006. 2006-4. ALASKA BAR ASSOCIATIONETHICS OPINION NO. 2006-4Use of Information Relating to Prior Judicial Service by Lawyers Who Campaign for Elected Office1Question Presented May lawyers who run for public office use information relating to their prior judicial service in their campaigns? The Committee concludes that an attorney who runs for public office may use information indicating prior judicial service where the campaign information (e.g., campaign flier or mailing) only lists the candidate as having been a "former" judicial officer, and identifies the specific position along with the length and location of such service. Analysis The issue cannot be addressed solely by reference to a specific provision either in the American Bar Association Model Rules of Professional Conduct, the Alaska Rules of Professional Conduct, or by way of analogy, the Alaska Code of Judicial Conduct. The Committee therefore has based its conclusion on those rules of professional conduct that set forth the guidelines for communications concerning a lawyer's services and letterheads, and the rules of judicial conduct concerning the appearance of impropriety.2 Both the Model Rule and Alaska Rule 7.1 provide in pertinent part that "[a] lawyer shall not make a false or misleading communication about the lawyer or the lawyer's services" if it "is likely to create an unjustified expectation about results the lawyer can achieve, or states or implies that the lawyer can achieve results by means that violate the Rules of Professional Conduct or other law."3 Correspondingly, both Model Rule and Alaska Rule 7.5 prohibit the use of letterhead that violates Rule 7.1.4 Canon 2 of the Alaska Code of Judicial Conduct, similar to its ABA counterpart, further provides that a judge "shall" avoid the "appearance of impropriety," "act in a manner that promotes public confidence in the integrity and the impartiality of the judiciary," and "shall not use or lend the prestige of judicial office to advance the private interests of the judge."5 Reasonably construed, these specific rules and codes of conduct indicate that an attorney may include readily verifiable - albeit circumscribed - information in a campaign flier or mailing. In other words, the lawyer can indicate in the advertisement only that he or she is a "former" judge and identify only the specific...