In today’s oral argument in the “Bong Hits 4 Jesus” case, the school district was represented by Kenneth Starr, former Solicitor General and D.C. Circuit Judge. According to the transcript (71-page pdf), Chief Justice Roberts referred to Starr as “Mr. Starr,” both in calling him to the podium and during the course of the argument.
I cringe when judges refer to Solicitors General or Attorneys General as “General” mostly because it’s incorrect as a title. So I’m glad no one referred to Starr as “General Starr.” But I was a little surprised that no one referred to him as “Judge Starr.” Am I just unaware of some sort of protocol here? Does Starr’s resignation from the court mean he isn’t entitled to be called “Judge” anymore? To be sure, I’d have no problem if he were simply so unassuming and humble that he preferred not to be called “Judge.” (He’s probably called “Dean Starr” most often these days.) But for a group that typically stands on such formalism (such as the “General” thing), it surprised me a bit that none of the Justices (including Starr’s two former colleagues on the bench) used the title. But perhaps they simply agree with the DC Circuit about the use of the title “Judge” in litigation. Is that all there is to it? I don’t want to make a mountain out of a molehill, but it just struck me, and any thoughts on the matter would be appreciated.
UPDATE: In the very next argument, Wilkie v. Robbins (73-page pdf), the attorney for the government was Deputy Solicitor General Gregory Garre. At least two Justices called him “General.” Sigh.