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How to Address a Retired Judge
Unless he or she left the bench in dishonor, retired judges continue to be addressed in writing – or listed in a program as – the Honorable’ (Full Name) . They are addressed in conversation or a salutation as Judge (Surname) in every social situation.
—–Listed in a program:
———-The Honorable (Full Name)
———-Judge of the (Name of Court) 1990-2010
—–Official or social envelope or address block of an email:
———-The Honorable (Full Name)
———-(Address)
—–Salutation:
———-Dear Judge (Surname):
—–Conversation:
———-Judge (Surname)
See the next post for more about use of Judge (Name) in post-retirement professional endeavors.
– Robert Hickey How to Address a Retired or Former Judge
Robert Hickey author of “Honor & Respect”
I am a Magisterial District Judge (MDJ) who is retiring – having lost when running for re-election (no dishonor involved). I am returning to full-time private practice. Here in Pennsylvania, MDJs are frequently lawyers who have law practices in addition to their judicial post, which is what I did.
I think some people will still call me Judge (Name). My question regards how I refer to myself? I don’t intend to use the honorific judge in attorney correspondence. I am preparing announcements to send to friends, other lawyers, existing clients, and other people advising them I will be expanding my practice to include certain matters that I could not, by rule, handle while an MDJ.
Would it be proper, in those announcements, to say, for example, Judge Knight will draw on his 25 years of experience as a prosecutor and District Judge, in the defense of criminal and traffic cases.
————————–– Kevin Knight
Dear K.K., How to Address a Retired or Former Judge
In your announcements do not refer to yourself as Judge Knight.
In your new position, use a form of your name supported by your new position … not a former position
—–#1) What to write? / Official Use:
—–—–I’d suggest wording such as ‘Kevin Knight – or Mr.
Knight – will draw on his 25 years of experience as a prosecutor and Magisterial District Judge, in the defense of criminal and traffic cases.’
—–In this role as an attorney working for yourself, you are a private citizen. Use a form of your name pertinent to this role in this official use.
—–#2) Social Use: Former judges can correctly be Judge (Surname) socially after stepping down from the bench – but only in clearly social settings.. E.g, you could be Judge Kevin Knight & Mrs. Knight on an invitation’s host line on your daughter’s wedding invitation. No one would be confused as to whether the wedding was an official event or a social event.
—–—You might be Judge (Surname) at an event you attend as a former Magisterial District Judge – though it’s also possible the host might decide to reserve Judge (Name) for current judges in the room.
—–#3) I am influenced by how protocol officers typically handle this issue in official situations. Protocol officers at the Pentagon regularly encounter retired officers working for defense contractors. These contractors are at the Pentagon as a representative of the vendor to the Department of Defense.
—–—–DoD’s perspective on using his (Rank) + (Name) + (Retired) in a subsequent job would be … to paraphrase the current Chief of Protocol for the Joint Chiefs of Staff at the Pentagon: If retirees are in a new job, then they should be addressed in a way supported by their new job and not using
military rank + name + retired. This is a misrepresentation. They are in a new job – not the military. When retired officers attend Pentagon events as the holder of a post-retirement job – and not invited as a retired officer – they are not addressed by (Rank) + (Name) + (Retired) on invitations or tent cards etc., but as ‘Mr.
/Ms. (Name’) and their new company affiliation.
– Robert Hickey How to Address a Retired or Former Judge
Robert Hickey author of “Honor & Respect”
You can use these forms of address for any mode of communication: addressing a letter, invitation, card or Email. (If there are differences between the official and social forms of address, I will have mentioned the different forms.) The form noted in the salutation is the same form you say when you say their name in conversation or when you greet them.
___What I don’t cover on this site are many things I do cover in my book: all the rules of forms of address, about names, international titles, precedence, complimentary closes, details on invitations, place cards, all sorts of introductions, etc. I hope you’ll get a copy of the book if you’d like the further detail.
—-#1) At right on desktops, at the bottom of every page on tablets and phones, is a list of all the offices, officials & topics covered on the site.
—-#2) If you don’t see the official you seek included or your question answered send me an e-mail. I am pretty fast at sending a reply: usually the next day or so (unless I am traveling.) Note: I don’t have mailing or Email addresses for any of the officials and I don’t keep track of offices that exist only in history books.
—-#3) If I think your question is of interest to others, Sometimes I post the question – but always change all the specifics.
— Robert Hickey
Robert Hickey author of “Honor & Respect”
Recommended Resources: The Protocol School of Washington (PSOW) and Protocol and Diplomacy International – Protocol Officers Association (PDI-POA) For more information see the Protocol Resources page.
Robert Hickey2020-12-06T16:10:13-05:00Abbess Abbot
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Greenstein Share: As the articles in this issue attest, moving beyond your self-identity as a judge is a challenge and an opportunity. However, no matter how successful a former judge will be at leaving the “judge” in the past, to others, a judge is always a judge.
Whether walking into a local restaurant or attending a community event, former judges will continue to be addressed as “judge.” Judges will be hired for jobs not only for their judicial experience, but also for the positive “label” that having a former judge on payroll will bring. There are ethics implications for this continuing identification.
The most direct and tangible ethical issue is continued use of the judicial title for business or financial endeavors or in the practice of law. Many states give guidance through ethics opinions on this issue. In Arizona, a retired judge may not advertise for mediation or arbitration services using the “judge” title, even if modified with “former” or “retired.
” AZ Adv. Op. 2016-2. Variations of this restriction exist in several states. Some allow the use of “former” or “retired” if not in conjunction with a financial or business purpose; others allow the modifier without restriction. It is understood that use of “judge” without the modifier of “former” or “retired” is an abuse of the prestige of judicial office and creates public confusion as to the role of the arbitrator/mediator. WA Adv. Op. 2002-17.
Continued use of the judicial title while practicing law is the issue addressed in advisory opinions most frequently. All agree that a former judge who is now a practicing lawyer should not use the judicial title in any manner professionally and should actively discourage others from doing so. The American Bar Association noted in its 1995 Formal Advisory Opinion that the only reason a former judge would use the judicial title in the practice of law would be to create an appearance of an unfair advantage or expectations of an enhanced outcome.
ABA Formal Adv. Op. 95-391. Federal judges are also warned that former judges appearing before them are not to be called “judge” in their courtroom or in pleadings. U.S. Adv. Op. 72 (2009).
Some judges retire fully to free themselves to engage in the political arena. In fact, former judges are likely the most effective speakers and activists on issues of justice, fairness, and protecting judicial independence from outside influence. Here too, however, former judges have an obligation to clarify their new role and not sow confusion. Former judges have effectively lobbied for sentencing reform, noting the unfairness of mandatory minimum sentences, for example. Their efforts have been successful in no small part due to their “former judge” status. However, extra care is required when former judges seek political office or are visible in causes unrelated to the justice system. For example, when a former judge in California ran for state attorney general while a sitting judge, he was disciplined, in part, for his campaign’s use of his judicial office in that campaign.
Inquiry Concerning Former Judge Steven C. Bailey, 6 Cal. 5th CJP Supp. 24 (2019). The same ethical concerns extend to former judges who use their judicial office in political campaigns (though likely not subject any longer to judicial discipline). Confusion of roles can harm the judiciary. As the California opinion noted, using the judicial title and office in a political campaign for an elected office in another branch of government “is fundamentally inconsistent with the independence, impartiality and integrity of the judiciary, and is prejudicial to public esteem for the judicial office.”
“Former judge” will stay with you in most public life arenas. While the Code of Judicial Conduct may not govern your speech and actions as a former judge, it should still guide them. The public will forever view you as a living representative of the judicial system.
Request reprint permission here. Marla N. Greenstein is the executive director of the Alaska Commission on Judicial Conduct. She is also a former chair of the ABA Judicial Division’s Lawyers Conference. She can be reached at [email protected].
ConsultantPlus: note.
Art. 15 (with the exception of paragraph 3) is extended to judges who have retired from this position, regardless of the time of retirement (FZ of 06/21/1995 N 91-FZ).
Article 15. Resignation of a judge
1. The resignation of a judge, within the meaning of this Law, is the honorable resignation or honorable removal of a judge from office. A retired person retains the title of judge, guarantees of personal immunity and membership in the judicial community.
2. Every judge has the right to retire at will, regardless of age. A judge is considered retired or retired if his powers are terminated on the grounds provided for in subparagraphs 1, 2, 4, 9 and 11 of paragraph 1 of Article 14 of this Law.
(as amended by Federal Laws No. 91-FZ of 21.06.1995, No. 169-FZ of 15.12.2001, No. 33-FZ of 05.04.2005, No. 126-FZ of 28.06.2009)
(see text) in the previous wording)
The time of work as a judge in the regions of the Far North and equivalent areas is counted in the length of service of a judge in one and a half times.
(paragraph introduced by Federal Law No. 91-FZ of 21.06.1995)
monetary compensation for the leaving position. At the same time, a judge who has previously retired or retired shall only take into account the period of work as a judge that has elapsed since the termination of the last resignation.
(as amended by Federal Law No. 269-FZ of December 25, 2012)
(see the text in the previous edition)
3.
1. For a retired or retired judge appointed before January 1, 2012, the amount of the severance pay provided for in paragraph 3 of this article, in the part exceeding three times the average monthly salary, is multiplied by a factor of 1.15.
(Clause 3.1 was introduced by Federal Law No. 330-FZ of November 21, 2011)
federal budget in the manner determined by the Government of the Russian Federation.
(clause 4 as amended by Federal Law No. 122-FZ of 22.08.2004)
(see the text in the previous edition)
ConsultantPlus: note.
On the identification of the constitutional and legal meaning of paragraph 5 of Art. 15 see Resolution of the Constitutional Court of the Russian Federation of February 19, 2002 N 5-P.
Consultant Plus: note.
Abs. 1 p. 5 art. 15 applies to judges transferred to state organizations and retired from this job, as well as to persons who worked as a state arbitrator and retired from this position (FZ of 06/21/1995 N 91-FZ).
5. A retired judge is paid a pension on a general basis. A retired judge who has served as a judge for at least 20 years is paid, at his choice, a pension on a general basis or a tax-free monthly life allowance in the amount of eighty percent of the monthly monetary remuneration of a judge working in the relevant position. For a retired judge who has less than 20 years of experience as a judge and has reached the age of 55 (for women - 50) years, the amount of the monthly life allowance is calculated in proportion to the number of full years worked in the position of a judge.
(as amended by Federal Law No. 269-FZ of December 25, 2012)
(see the text in the previous edition)
: for each year of work experience over 20 years - one percent of the specified allowance, but in total no more than 85 percent of the monthly monetary remuneration of the judge holding the corresponding position.
(paragraph introduced by the Federal Law of 06/21/1995 N 91-FZ, as amended.
Federal Law of December 25, 2012 N 269-FZ)
(see the text in the previous edition)
ConsultantPlus: note.
Abs. 3 p. 5 art. 15 applies to judges transferred to state organizations and retired from this job, as well as to persons who worked as a state arbitrator and retired from this position (FZ of 06/21/1995 N 91-FZ).
Retired judges who become disabled due to war injury are entitled to a monthly life allowance and disability pension.
(paragraph introduced by Federal Law No. 91-FZ of 21.06.1995)
ConsultantPlus: note.
Clause 5.1 of Art. 15 (as amended by the Federal Law of March 6, 2019 N 25-FZ) applies, among other things, to judges who became disabled before March 6, 2019 due to reasons not related to official activities.
5.1. A judge who, during the period of exercising his powers, became disabled due to reasons not related to official activities, before he acquired the right to a monthly life allowance, who retired or retired due to his inability to exercise the powers of a judge for health reasons, shall be paid a monthly allowance of his choice.
disability or disability pension on a general basis.
Monthly allowance for disability of the indicated category of judges is calculated in proportion to the number of full years worked as a judge, and is set as follows:
Disabled persons of groups I and II - 3 percent of the monthly monetary remuneration of a judge working in the relevant position for each full year worked ;
invalids of group III - 2 percent of the monthly monetary remuneration of a judge working in the relevant position for each full year worked.
Monthly allowance due to disability is established for the period during which the relevant person is recognized as disabled in accordance with the procedure established by the legislation of the Russian Federation, but no more than until the realization of the right acquired by him to monthly life allowance.
(Clause 5.1 was introduced by Federal Law No. 25-FZ of March 6, 2019)
imposition of a disciplinary sanction in the form of early termination of the powers of a judge in accordance with paragraphs 1 and 5 of Article 12.
1 of this Law, if the limitation period established by paragraph 6 of Article 12.1 of this Law has not expired;
2) failure to comply with the prohibitions and restrictions provided for in paragraphs 3 and 4 of Article 3 of this Law;
3) significant, guilty, incompatible with the high rank of a judge, violation of the provisions of this Law and (or) the Code of Judicial Ethics, discrediting the honor and dignity of a judge, detracting from the authority of the judiciary;
4) engaging in activities incompatible with the status of a judge;
5) entry into legal force of a judgment of conviction against a judge;
6) the death of a judge or the entry into force of a court decision declaring him dead.
(Clause 6 as amended by Federal Law No. 179-FZ of July 2, 2013)
(See the text in the previous version)
of this Law, is adopted by the relevant qualification board of judges on its own initiative at the place of former work or permanent residence of a retired judge, or on the proposal of a body of the judiciary or the chairman of the court at the place of former work of a retired judge.
The decision of the qualification board of judges may be appealed by the judge in the manner prescribed by Federal Law No. 30-FZ of March 14, 2002 "On Bodies of the Judicial Community in the Russian Federation".
(clause 7 as amended by the Federal Law of 02.07.2013 N 179-FZ)
(see the text in the previous edition)
(as amended by Federal Laws No. 179-FZ of 02.07.2013, No. 426-FZ of 08.12.2020)
(see the text in the previous edition)
security in accordance with the legislation of the Russian Federation.
A selection of the most important documents upon request Who can work as a retired judge (regulations, forms, articles, expert advice and much more).
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Article: Retired judges as a personnel reserve of the judiciary
(Petryakova A.
V.)
("Court administrator", N 2021 ) Lifetime allowance is not paid to retired judges who have served as a judge for less than one year. Retired judges with at least 20 years of service for life are paid life support in the maximum amount allowed by law - 80% of the monetary remuneration of a working judge. For a retired judge with less than twenty years of service as a judge, upon reaching the age of 55 for men (50 for women), the amount of life allowance is calculated in proportion to the number of full years of work as a judge. Thus, if a judge retired before reaching the age of 55 for men (50 for women) and has served as a judge for less than 20 years, he does not receive material support from the state until reaching the specified age.
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Article: Features of the legal status of a retired judge
(Uvarov S.Yu.)
("Judge", 2020, N 12) retired judge currently? According to part 4 of Art.
3 of the Law on the Status of Judges, a judge who is retired and has at least 20 years of experience as a judge or who has reached the age of 55 years (50 years for women) has the right to work in state authorities, local self-government bodies, state and municipal institutions, trade unions and other public associations, as well as as an assistant to a deputy of the State Duma or a member of the Federation Council or an assistant to a deputy of a legislative (representative) body of a constituent entity of the Russian Federation. Part 3 of the same article establishes activities that neither the current judge nor the retired judge are entitled to engage in - this is entrepreneurial activity, including the management of an economic entity, regardless of the form of ownership, as well as other paid activities, except for pedagogical, scientific and other creative activities. As you can see, there are not so many employment options for a judge who wants to work after retirement. As a rule, retired judges pay attention to science and teaching, and also hold positions in the field of justice (for example, positions of advisers, assistants, consultants in various parts of the judicial system, work in the bodies of the Judicial Department at the Supreme Court of the Russian Federation).
In addition, from September 1, 2016, the Law on the Status of Judges allows a retired judge to work as an arbitrator or arbitrator. However, the categories of cases considered by the arbitral tribunal are specific, and only judges who have retired from arbitral tribunals can work in this area.
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Law of the Russian Federation of 06/26/1992 N 3132-1
(as amended on 12.12.2022)
"On the status in the Russian Federation"
(as amended and supplemented, effective from 01.01.2023)5. A retired judge is paid a pension on a general basis. A retired judge who has served as a judge for at least 20 years is paid, at his choice, a pension on a general basis or a tax-free monthly life allowance in the amount of eighty percent of the monthly monetary remuneration of a judge working in the relevant position. For a retired judge who has less than 20 years of experience as a judge and has reached the age of 55 (for women - 50) years, the amount of the monthly life allowance is calculated in proportion to the number of full years worked in the position of a judge.
