Procedures of the Illinois Judicial Ethics Committee-Committee Members

Procedures for Reconsideration of an Ethics Opinions

2009

   09-01 - A judge may help a religious school recruit students by participating in a videotaped interview which does not mention that one of the interviewees is a judge.  Read Full Opinion

2008

  08-01 - A judge may speak at a legal education program open only to prosecuting attorneys provided that the judge (1) does not appear to advocate for the state; (2) maintains the impartial, neutral attitude required of judicial officers; (3) does not discuss pending or impending cases; and (4) is available to present similar programs to criminal defense attorneys.   Read Full Opinion

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.   Read Full Opinion

 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. 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. Read Full Opinion

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.  Read Full Opinion

  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. Read Full Opinion

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.  Read Full Opinion

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

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.  Read Full Opinion

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

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.  Read Full Opinion

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

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.  Read Full Opinion

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.  Read Full Opinion

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. Read Full Opinion

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. Read Full Opinion

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.  Read Full Opinion

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  Read Full Opinion

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.  Read Full Opinion

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

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

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

2003

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

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.  Read Full Opinion

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.  Read Full Opinion

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.  Read Full Opinion

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

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

2002

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

2001

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

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.  Read Full Opinion

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

01-08 Participation in "specialized" bar associations.  Read Full Opinion

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

01-06 Judge as speaker at a church service.  Read Full Opinion

01-05 Judge as guest of honor at a civic organization's fund raising dinner.  Read Full Opinion

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

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.  Read Full Opinion

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

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

2000

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

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

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

1999

99-1 Judge as "celebrity bagger" at supermarket as part of charitable fund raising effort.  Read Full Opinion

99-2 Judge serving on elected public school board.  Read Full Opinion

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

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.  Read Full Opinion

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

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

99-7 Judge leading college alumni scholarship fund drive.  Read Full Opinion

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

1998

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

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

98-3 Candidate using "Judge" on political advertising.  Read Full Opinion

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

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

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

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?  Read Full Opinion

98-8 Winding down former partnership connections.  Read Full Opinion

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

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

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?  Read Full Opinion

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.  Read Full Opinion

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

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

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.  Read Full Opinion

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

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.  Read Full Opinion

1997

97-1 Assertion of Fifth Amendment or Obtaining Immunity Before Grand Jury.  Read Full Opinion

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.  Read Full Opinion

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

97-4 Judge Previously Represented Lawyer Who Now Appears Before Him in Case.  Read Full Opinion

97-5 Judge serving as trustee of charitable foundation. Read Full Opinion

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

97-7 Judge attending promotional event of family business.  Read Full Opinion

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

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

97-10 Judge's fiduciary activities and compensation.  Read Full Opinion

97-11 Judge publishing for profit.  Read Full Opinion

97-12 Compensation for avocational activities.  Read Full Opinion

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

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

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

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.  Read Full Opinion

97-17 Judge owed money by city prosecutor.  Read Full Opinion

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

1996

96-1 Campaign Funds - Authority to Sign Expenditure Check  Read Full Opinion

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

96-3 Participation in Organizational Fundraising Events.   Read Full Opinion

96-4 President of a Church, Temple or Mosque and Fundraising.  Read Full Opinion

96-5 Response to News Media Inquiries Regarding a Pending Cas.  Read Full Opinion

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

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

96-8 Publishing for Profit  Read Full Opinion

96-9 Winding Up Private Practice   Read Full Opinion

96-10 Participation in a Bar Association Fund Raiser for Special Olympics.  Read Full Opinion

96-11 Teaching Nonlegal Subjects.  Read Full Opinion

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

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

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.  Read Full Opinion

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

96-16 Acting as an Advocate for a Rabbi  Read Full Opinion

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.  Read Full Opinion

96-18 Disqualification, Former Co-counsel and Relative as Lawyer.  Read Full Opinion

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

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

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

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

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

96-24 Accepting a Presidential Appointment to the United States Institute of Peace.   Read Full Opinion

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

96-26 Avocational Activities and Compensation  Read Full Opinion

1995

95-1 Duty to Report JudicRead Full Opinionial Misconduct.  Read Full Opinion

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

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

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

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  Read Full Opinion

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

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

95-8 Sending "Thank-you" Notes to Campaign Contributors  Read Full Opinion

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

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

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

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

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

95-14 Accepting Gift for Performing Wedding Ceremony  Read Full Opinion

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  Read Full Opinion

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

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

95-18 Teaching Subjects Not Strictly Legal -- Speech and Debate  Read Full Opinion

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

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  Read Full Opinion

95-21 Judge Attending an Execution  Read Full Opinion

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

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

1994

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

94-2 As Legal Advisor  Read Full Opinion

94-3 In Robe in Parade  Read Full Opinion

94-4 Acceptance of Gift at Public Testimonial Read Full Opinion

94-5 Publication of Gun Control Views While Judge Candidate  Read Full Opinion

94-6 Non-candidate Judge Contributing to Candidate  Read Full Opinion

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

94-8 Responding Publicly to Criticism of Court Philosophy  Read Full Opinion

94-9 Fund Raising to Improve the Administration of Justice  Read Full Opinion

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

94-11 Public Endorsement of Candidate for Judicial Office  Read Full Opinion

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

94-13 Judge's Testimony Before Prisoner Review Board  Read Full Opinion

94-14 Applicant for Appointment to a Non-judicial Office  Read Full Opinion

94-15 Writing Appraisal of Book  Read Full Opinion

94-16 Referral Fee with for Referral Made Before Becoming Judge   Read Full Opinion

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

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

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

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

94-21 Attendance and Introduction at a Political Gathering   Read Full Opinion

1993

93-1 ExParte Communication   Read Full Opinion

93-2 Seeking Ethics Advice  Read Full Opinion

93-3 Name on Fund Raising Materials  Read Full Opinion

93-4 Speaker or Honoree at Fund Raising Dinner  Read Full Opinion

93-5 Officer of Not-for-Profit Organization  Read Full Opinion

93-6 Free Use of Condominium  Read Full Opinion

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.  Read Full Opinion

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. Read Full Opinion

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.  Read Full Opinion

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

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. Read Full Opinion

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.  Read Full Opinion