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Procedures of the Illinois Judicial Ethics Committee-Committee Members

Procedures for Reconsideration of an Ethics Opinions

2007

07-06 - “Teen Court” programs can serve an important role in promoting education and greater understanding of the law and the legal system.  Judges may, therefore, properly participate in such programs under Rule 64, provided the participation is supervisory or advisory only.  However, a judge should not preside over a “Teen Court” proceeding if the judge would be called upon to determine guilt or the imposition of sanctions or disposition of participating youth defendants.  Even if the judge’s participation is advisory, a judge may nevertheless be required to disqualify him or herself if the judge’s participation in the “teen court” would cast doubt on the judge’s ability to decide issues impartially, or if the judge’s participation would lead to repeated recusals that interfere with the judge’s judicial activities.

07-05  - A judge may appear at a public hearing before a mayor and the city council, write a letter to them, or have a discussion with them for the purpose of giving a recommendation for a reduction in the hours of liquor sales if the recommendation is given to improve the administration of justice.  

Management of judicial resources is a part of the administration of justice.  Reduction of public harm from alcohol consumption is part of the administration of justice to the extent it decreases alcohol related offenses, civil litigation, and other court matters.

Because improvement of the community’s image is not part of the administration of justice, a judge may make that recommendation to a mayor and the city council only at a public hearing.

07-04 - It is not improper for a Judge to testify in a collateral matter as to what s/he observed while presiding at a trial when subpoenaed to do so by a party. But the Judge should seek legal advice from the appropriate state agency and should not express an opinion regarding the quality of representation or performance of the attorney.

07-03 - A judge, who is in the midst of a dissolution of marriage discovers that the attorney who represents his spouse will be appearing before him on a regular basis, is disqualified, but, absent any personal bias or prejudice, should remit the disqualification to the parties and counsel.

07-02- A judge, receiving pension benefits from a former law firm, is usually disqualified from presiding over cases where a party is represented by the firm. After full disclosure, the parties may remit the disqualification.

07-01  A judge is disqualified from proceedings in which a law firm appears when the judge is negotiating future employment with the firm.

2006

06-04  A judge may be a shareholder of a corporation organized for the purpose of purchasing real estate at foreclosure sales so long as (1) the judge does not assume an active role in management or serve as an officer, director, or employee of the corporation; (2) the judge’s business involvement does not adversely reflect upon the judge’s impartiality, interfere with the performance of judicial duties, or exploit the judicial office; and (3) corporate activities do not involve the judge in frequent transactions with individuals likely to come before the judge.

06-03  A judge may not advertise future availability as a mediator or arbitrator.

06-02 A judge’s spouse may engage in independent campaign activities in support of a candidate for public office including: (1) soliciting funds for the candidate; (2) publicly endorsing the candidate; (3) displaying a bumper sticker on a vehicle jointly owned by the spouse and judge and driven by the spouse; and (4) displaying a campaign sign in the yard of the home jointly owned by the spouse and judge. When a candidate for election or retention, a judge must encourage a spouse to limit his or her activities in support of the judge’s candidacy to those political activities in which the judge is permitted to engage.

06-01 A judge may not serve on the advisory board of directors of a bank.

2005

05-01 A judge is not disqualified from cases in which a lawyer appears where the lawyer was retained by the judge six years before the judge’s appointment to the bench to assist the judge in responding to a letter from the Attorney Registration and Disciplinary Commission.

05-02 A judge may not preside over cases in which the judge's ASA son-in-law signs the information or appears in court on behalf of the State.

05-03 A judge may participate in an educational program for groups of children who are potential witnesses in a civil or criminal proceeding. The program must present only general information about courtroom procedures and must be neither child- nor case-specific.

05-04 A judge may not personally solicit funds or manpower from a not-for-profit agency for the benefit of a National Organization of Appellate Judges, of which the judge is a member of its executive committee.

05-05 A judge may serve on the board of directors of a not-for-profit corporation organized for the purpose of promoting responsible fatherhood only if none of the limitations discussed in this opinion are applicable.

05-06 A judge should not voluntarily provide a character reference or opinion letter on behalf of a defendant for use at an executive clemency hearing before the Illinois Prisoner Review Board. Such written opinion or letter may be permissible if specifically requested by the Review Board

2004

04-01 Judge attends a meeting at school regarding harassment of his children and a child living temporarily with judge's family and attends an informal appeal. He writes to request the appointment of a neutral to resolve problems between child and school, mentioning his employment as a judge.

04-02 Judge serving on the board of directors of a not-for-profit hospital.

04-03 Judge writing character reference on behalf of a judge against whom disciplinary proceedings are pending.

04-04 Judge who exercises disqualification in a litigant's case when same litigant later appears before the judge in a related case.

2003

03-06 Activity of judge’s spouse on behalf of candidate for non-judicial office.

03-05 Duty of judge to disqualify himself or herself when a litigant is represented by a lawyer who, in an unrelated proceeding, represents all Illinois judges in a class action lawsuit concerning judicial compensation.

03-04 State’s Attorney threatens to file a motion for substitution of judge in every future case before a judge unless the judge increases the defendant’s sentence in a particular pending case.

03-03 Whether a judge is disqualified from hearing cases in which a relative of the judge is sued in his or her capacity as a government official.

03-02 Disqualification of judge formerly employed as a public defender and assistant state’s attorney.

03-01 Candidate for judicial office making allegations about opponent unlikely to cause criminal or disciplinary action.

2002

02-01 Obligation of judge to report to appropriate prosecuting authority criminal conduct disclosed during a witness’s testimony.

2001

01-11 Appropriateness or propriety of a former law firm honoring a judge at a party or gathering after his/her investiture.

01-10 A judge may serve on a board of directors of a not-for-profit organization for "Drug Court" professionals organized pursuant to Supreme Court direction.

01-09 Judge's spouse hosting a reception for a political candidate in their home.

01-08 Participation in "specialized" bar associations.

01-07 Judge providing recommendation for lawyer seeking appointment to the governing board of a township political organization.

01-06 Judge as speaker at a church service.

01-05 Judge as guest of honor at a civic organization's fundraising dinner.

01-04 Judge receiving award at a charitable organization's dinner.

01-03 Judge as a guest of honor at a non-fundraising event held by a non-profit organization whose employees regularly testify in adversary proceedings before that judge.

01-02 Disqualification from hearing cases in which the law firm of the judge's spouse is entitled to a referral fee.

01-01 Disqualification from hearing cases that were pending at judge's former law firm while judge was practicing there.

2000

00-1 Judge Participation as Director of a Family Charitable Foundation.

00-2 Duty to disqualify when the uncle or cousin of the judge's spouse appears before the judge.

00-3 Judge sponsoring a little league team with Judge's name on uniforms.

1999

99-1 Judge as "celebrity bagger" at supermarket as part of charitable fundraising effort.

99-2 Judge serving on elected public school board.

99-3 Judge's name appearing on donors' list for a fundraiser.

99-4 Judge serving as a board member of an organization that promotes anti-drug use by youth and the exchange of anti-drug information.

99-5 Use of a judge's name as one of several honorees on invitation to high school benefit.

99-6 Duty of a judge to report lawyer misconduct to the ARDC.

99-7 Judge leading college alumni scholarship fund drive.

99-8 Judge's response to inquiry from a bar association regarding the qualifications of fellow judge for retention or elective judicial office.

1998

98-1 Judge serving on a family violence coordinating council.

98-2 Propriety of a judge signing and circulating the nominating petitions of another judicial candidate.

98-3 Candidate using "Judge" on political advertising.

98-4 Judge appearing pro se in the appellate court.

98-5 Judge serving on the Board of Directors of a charitable organization that is regularly involved in proceedings before the Judge.

98-6 Judge writing a letter to the editor finding a judicial candidate "qualified."

98-7 Is a judge disqualified in criminal cases where the newly elected State's Attorney was, within the last three years, the judge's associate in the private practice of the law?

98-8 Winding down former partnership connections.

98-9 Disqualification of judge because of business deal with lawyer whose law firm appears before the judge.

98-10 Propriety of a judge appearing on television or radio.

98-11 To what extent may a judge assist the Lawyers Assistance Program ("LAP") in obtaining funding for LAP through an increase in the registration dues of attorneys?

98-12 Duty of a judge to disclose or recuse if judge's sister-in-law is the secretary of a law firm that often appears before the judge.

98-13 Judge assisting in the writing of a screenplay.

98-14 Listing of referral agreements by a judge on the Statement of Economic Interest.

98-15 The ability of a judicial candidate to continue to serve on a major party's county central committee as well as membership on the board of directors of a political action committee.

98-16 Campaigning judge's appointment as deputy voter registrar.

98-17 Duty to disqualify or disclose when a lawyer is a member of the judge's former law firm and has represented the judge in real estate closings.

1997

97-1 Assertion of Fifth Amendment or Obtaining Immunity Before Grand Jury

97-2 Disciplinary Action Against Judge on the Basis of (1) Testimony Given by the Judge to Grand Jury Under Immunity and (2) Alleged Wrongdoing that Occurred Before the Judge Assumed the Bench

97-3 Propriety of Accepting Invitation to Serve as a Member of Local Task Force on Sexual Assault

97-4 Judge Previously Represented Lawyer Who Now Appears Before Him in Case

97-5 Judge serving as trustee of charitable foundation.

97-6 Judge serving on Board of Directors of a nonprofit corporation.

97-7 Judge attending promotional event of family business.

97-8 Judge on Judge Advocate General reserve duty giving legal advice to military personnel.

97-9 Judge acting as trustee of charitable inter vivos trust.

97-10 Judge's fiduciary activities and compensation.

97-11 Judge publishing for profit.

97-12 Compensation for avocational activities.

97-13 Judge as a board member, officer, or committee member of a not-for-profit economic development corporation.

97-14 Formation of a legal defense fund on behalf of a judge.

97-15 Judge as president of cancer society, and judgeships participation in fundraising activities of cancer society.

97-16 Disqualification where judge's spouse is vice president of department of parent corporation whose subsidiary is a party in a case before the judge.

97-17 Judge owed money by city prosecutor.

97-18 Judge hiring fellow judge's child as secretary as nepotism.

1996

96-1 Campaign Funds - Authority to Sign Expenditure Check

96-2 Recommendation of Neighbor for State Fellowship or Internship That is a Continuation of Studies in Government

96-3 Participation in Organizational Fundraising Events

96-4 President of a Church, Temple or Mosque and Fundraising

96-5 Response to News Media Inquiries Regarding a Pending Case

96-6 Duty to Disqualify from Criminal Cases Generally When Judge's Spouse is the Complaining Witness in a Pending Indictment

96-7 Candidate for Parish School Board and Serving on a Church School Board

96-8 Publishing for Profit

96-9 Winding Up Private Practice

96-10 Participation in a Bar Association Fund Raiser for Special Olympics

96-11 Teaching Nonlegal Subjects

96-12 Attendance at Political Dinner with Spouse Who is Candidate for Sheriff

96-13 Obligation to Report to Appropriate Authorities Individual Plaintiff's Continuing Violations of Various Truth in Lending Statutes

96-14 Advisory Committee Appointed by Alderman to Advise Him on Issues of Domestic Violence to Suggest Possible Ordinances and Comment on the Legal Propriety of Ordinances

96-15 Serving as Member of Judicial Evaluation Committee of a Civic Organization

96-16 Acting as an Advocate for a Rabbi

96-17 Waiver of Private School Tuition for Judge's Children, by Virtue of Judge's Position as Part-time Instructor for Extra-curricular Activities

96-18 Disqualification, Former Co-counsel and Relative as Lawyer

96-19 Non-candidate Judge Featured as the Speaker at a County Lincoln Day Dinner Promoted by a Political Party

96-20 Disqualification If Party is Represented by the Judge's Campaign Chairman or Another Lawyer From the Campaign Chairman's Law Firm

96-21 Accepting Appointment to the Citizens Advisory Council of His Local School District

96-22 Disqualification When Ex-spouse's Lawyer Appears Before Judge

96-23 Duty of Chief Judge to Take Action When a Judge He Supervises is Arrested for DUI

96-24 Accepting a Presidential Appointment to the United States Institute of Peace

96-25 Duty to Disqualify Where the Judge Has Insurance Policies with Insurance Company that is Defendant in a Case before the Judge

96-26 Avocational Activities and Compensation

1995

95-1 Duty to Report Judicial Misconduct

95-2 Disqualification When Litigant is Represented by a Lawyer Who Currently Represents or Formerly Represented the Judge

95-3 Sponsoring a Lawyer for Admission to the United States Supreme Court

95-4 Recommendation for Person Seeking Employment, College Admission, or a Scholarship

95-5 Duty of Judge to Disqualify Himself When Lawsuit is Filed Accusing Judge of Misconduct or When Complaint is Filed With the Judicial Inquiry Board

95-6 Duty to Disqualify When Party Former Client of Judge's Former Law Partner

95-7 Accepting Complimentary Subscription to Legal Resource Materials on CD-ROM

95-8 Sending "Thank-you" Notes to Campaign Contributors

95-9 Judge's Spouse Who is a Secretary for the State's Attorney in a County in which the Judge is Regularly Assigned

95-10 Judge's Duty to Report to ARDC a Lawyer Who Testifies in Court that He Used Cocaine

95-11 Propriety of Serving on Board of a Not For Profit Organization

95-12 Writing Character Reference on Behalf of a Defendant in a Federal Sentencing Hearing

95-13 Serving on Board of Cooperative in Which the Judge Lives

95-14 Accepting Gift for Performing Wedding Ceremony

95-15 Disqualification When Judge's Former Partner was, During the Partnership, the Defendant's Court-appointed Attorney in the Case Now Before the Judge

95-16 Judge's Appearance Pro Se in Matter Affecting the Judge's Property in Another State in That State's Court System

95-17 Requirement Judge Report Attorney Misconduct Where Attorney Has Been Convicted of Misdemeanor Battery in Jury Trial Before Judge

95-18 Teaching Subjects Not Strictly Legal -- Speech and Debate

95-19 Acting as Legal Advisor for an Immediate Family Member

95-20 Duty of Judge, Who was Formerly in the Public Defender's Office, to Disqualify from Cases Where that Office Now Represents a Defendant

95-21 Judge Attending an Execution

95-22 Propriety of a Judge Serving as Chair of an Organization that Raises Funds for the Charitable Arm of the State Bar Association

95-23 Acting in a Play for a Civic Organization's Fund Raiser

1994

94-1 As Paid Arbitrator After 5:30 p.m.

94-2 As Legal Advisor

94-3 In Robe in Parade

94-4 Acceptance of Gift at Public Testimonial

94-5 Publication of Gun Control Views While Judge Candidate

94-6 Non-candidate Judge Contributing to Candidate

94-7 Award Nomination to be Conferred by a Voluntary Association

94-8 Responding Publicly to Criticism of Court Philosophy

94-9 Fund Raising to Improve the Administration of Justice

94-10 ARDC Reporting Obligation (After Holding Lawyer in Criminal Contempt)

94-11 Public Endorsement of Candidate for Judicial Office

94-12 Lawyer's Responsibility As Judge Regarding Client Files and Fees

94-13 Judge's Testimony Before Prisoner Review Board

94-14 Applicant for Appointment to a Non-judicial Office

94-15 Writing Appraisal of Book

94-16 Referral Fee with for Referral Made Before Becoming Judge

94-17 Judicial Speakers Bureau; Judges' Speech Regarding Controversial Law-Related Subjects

94-18 Disqualification When Relative of the Judge is Associated With a Law Firm Representing a Party

94-19 Judge (Former Prosecutor) Advising New Prosecutor in Case After Reversal by Appellate Court

94-20 Serving on Board of a Victim Impact Panel for Alcohol Related Offenders

94-21 Attendance and Introduction at a Political Gathering

1993

93-1 ExParte Communication

93-2 Seeking Ethics Advice

93-3 Name on Fund Raising Materials

93-4 Speaker or Honoree at Fund Raising Dinner

93-5 Officer of Not-for-Profit Organization

93-6 Free Use of Condominium

93-7 A judge may not accept the presidency of a religiously-affiliated organization that advocates abolition of the death penalty. A judge must remain impartial at all times.

93-8 A judge may serve on a committee for a lawyer who is a candidate for a bar association office. The purpose of a bar association is to further the quality of the legal profession and the administration of justice. Officers of such organizations volunteer their services for the public good, and a judge who supports a candidate for such office is not advancing the candidate's own private interests.

93-9 A judge may act as a reference, and furnish a letter of recommendation, for a person seeking a federal judgeship, provided that, the reference and recommendation are based upon the judge's personal knowledge of the applicant.

93-10 When former partner is before bench, duty to disqualify is only for three years; duty to disclose is indefinite.

93-11 A judge is not obliged to disqualify himself or herself from a proceeding because a lawyer or a party was a campaign contributor. A judge cannot prevent a lawyer from obtaining a list of contributors to the judge's recent election campaign, together with the amounts contributed.

93-12 A judge may attend a golf outing as the honoree of a bar association so long as it does not create the impression that certain interests or lawyers are in a position to influence the judge; may attend a golf outing as the guest of an individual lawyer who is a social acquaintance even if the lawyer or members of the lawyer's law firm have appeared, or may appear, in the judge's court as long as it constitutes "ordinary social hospitality"; and may attend a golf outing at the behest of a political candidate or office-holder and pay necessary fees or contributions.