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Rule 8.2 Judicial and Legal Officials.

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Rule Text

(a) A lawyer shall not make a statement that the lawyer knows to be false or with reckless disregard as to its truth or falsity concerning the qualifications or integrity of a judge, adjudicatory officer or public legal officer, or of a candidate for election or appointment to judicial or legal office.

(b) A lawyer who is a candidate for judicial office shall comply with the applicable provisions of the Alabama Canons of Judicial Ethics, and failure to so comply with the Alabama Canons of Judicial Ethics shall constitute a violation of this disciplinary rule.

Plain-English Summary (for reference only — not a substitute for the rule text above)

This summary is not the rule. The rule text controls.

Lawyers cannot lie about judges or other legal officials. Specifically, a lawyer cannot make false statements about a judge's qualifications or honesty if the lawyer knows the statement is false, or if the lawyer didn't bother to check whether it was true. This rule also covers people running for judicial or legal offices, not just those already serving.

This means lawyers have to be careful when criticizing judges or legal officers publicly. They can raise honest concerns or fair criticism, but they cannot spread false claims about a judge's character or competence, especially when they know the claims are false or haven't taken the time to find out if they're true.

The rule also applies to lawyers who run for judicial office themselves. If a lawyer is a candidate for a judge position, they must follow the Alabama Canons of Judicial Ethics, which sets rules for how judicial candidates should act and campaign. Breaking those judicial ethics rules while running for office counts as breaking this rule too, which means the lawyer could face discipline for it.

Committee Notes

Comment

Assessments by lawyers are relied on in evaluating the professional or personal fitness of persons being considered for election or appointment to judicial office and to public legal offices, such as attorney general, prosecuting attorney and public defender. Expressing honest and candid opinions on such matters contributes to improving the administration of justice. Conversely, false statements by a lawyer can unfairly undermine public confidence in the administration of justice.

When a lawyer seeks judicial office, the lawyer should be bound by applicable limitations on political activity.

A lawyer campaigning for judicial office shall comply with Canon 7 of the Alabama Canons of Judicial Ethics, which applies not only to judges but also to candidates for election to judicial office.

To maintain the fair and independent administration of justice, lawyers are encouraged to continue traditional efforts to defend judges and courts unjustly criticized.

Comparison with Former Alabama Code of Professional Responsibility

With regard to paragraph (a), DR 8-102(A) provided that a lawyer “shall not knowingly make false statements of fact concerning the qualifications of a candidate for election or appointment to a judicial office.” DR 8-102(B) provided that a lawyer “shall not knowingly make false accusations against a judge or other adjudicatory officer.”

Paragraph (b) has no counterpart in the former Alabama Code of Professional Responsibility.

← Previous Rule 8.1: Bar Admission and Disciplinary Matters. Next → Rule 8.3: Reporting Professional Misconduct.

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Last updated: September 2026

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