A former judge certainly has the right to be referred to as a judge out of respect for their former position. But, there are limitations on the use of the former judge title.
First, in the courtroom, obviously, a former judge should never be addressed as a judge. In a jury trial, that could provide an unfair advantage. In an appellate court, calling the former judge by their title could create the perception that the former judge had the ability to get a better result, particularly if the judge has served on the court that he or she is arguing before. Pennsylvania Rule of Professional Conduct 8.4(e) says it is professional misconduct for a lawyer to “state or imply an ability to influence improperly a government agency or official.”
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