In an advisory opinion finalized Sept. 1, the Colorado Judicial Ethics Advisory Board has concluded that a judicial officer may continue using a longstanding professional name even when it differs from the judge’s legal name. The board considered the case of a newly appointed magistrate who had practiced law for 15 years under her maiden name, including after legally changing her name following her marriage. The board found that the Colorado Code of Judicial Conduct does not prohibit her from continuing to use the name by which she is professionally known, provided the use is not intended to deceive or mislead litigants, the judiciary or the public.
The board said the central ethical consideration is whether using a different name could undermine public confidence in the judiciary or constitute dishonest conduct. It distinguished the magistrate’s circumstances from a judge who might adopt another name to conceal a criminal or disciplinary history, noting that continued use of the magistrate’s maiden name could actually make her more readily identifiable because it is the name under which she established her professional reputation. The board said it had not previously addressed the issue and found no other jurisdiction that had considered the question in precisely the same context. Read the opinion.