Lawyers Can Use Judicial Praise In Ads, Appeals Court Rules

If a judge has glowing praise for a lawyer, that lawyer has the First Amendment right to use the endorsement in advertisements, a federal appeals court ruled. New Jersey lawyer Andrew Dwyer posted positive statements from judges on his website, and when one of the judges complained, the New Jersey Supreme Courtinstituted attorney-advertising rules restricting the practice. Dwyer protested the rule, saying it infringed on his constitutional rights. A federal judge last year found in the rule to be constitutional, saying the state had reasonable interest in “preserving public confidence in the impartiality of the judiciary,” but a panel of judges on the Third Circuit Court of Appeals this week said such restrictions violate Dwyer’s First Amendment rights.