1998-04: Judge Appearing Pro Se in the Appellate Court
DISCLAIMER: This Opinion interprets the 1993 Illinois Code of Judicial Conduct, which was superseded on January 1, 2023, by the 2023 Illinois Code of Judicial Conduct. This Opinion does not consider or address whether the 2023 Code affects the analysis or conclusion of the Opinion. A table cross-referencing the 1993 Code to the 2023 Code can be found at IJEC CORRELATION TABLE.
IJEC Opinion No. 1998-04
April 8, 1998
TOPIC
Judge appearing pro se in the appellate court.
DIGEST
A judge may appear in court pro se provided that the judge only represents the judge’s interests and does not use the prestige of office to advance his or her interests.
REFERENCES
Illinois Supreme Court Rule 65F; U.S. v. Martinez, 101 N.M. 423, 684 P.2d 509 (1984); Illinois Judicial Ethics Committee Opinion No. 95-16; Commentary to Canon 4G of the ABA Model Code of Judicial Conduct (1990); Shaman, Lubet, Alfini, Judicial Conduct and Ethics, section 7.21, pp. 232-33 (1997).
FACTS
A judge filed a lawsuit seeking to enforce the provisions of a condominium agreement. The judge lives in a condominium covered by the agreement and is a party to the agreement. The judge prevailed in the trial court and the defendants appealed. Although represented by an attorney in the trial court, the judge wishes to appear pro se in the appellate court.
QUESTION
May the judge appear pro se in the appellate court?
OPINION
The Committee has previously determined that Illinois Supreme Court Rule 65F, which prohibits a judge from practicing law, does not preclude a judge from appearing pro se in a court proceeding. IJEC Opinion No. 95-16. Accord: U.S. v. Martinez, 101 N.M. 423, 684 P.2d 509 (1984) (judge may represent self in federal district court without violating Canon 5F of the ABA Model Code of Judicial Conduct (1972)) and Shaman, Lubet, Alfini, Judicial Conduct and Ethics, section 7.21, pp. 232-33 (1997)).
In Opinion 95-16, the Committee cautioned that a judge acting pro se must, (1) only represent the judge’s interests and (2) not use the prestige of office to advance his or her interests. Also see Commentary to Canon 4G of the ABA Model Code of Judicial Conduct (1990) (A judge acting pro se “must not abuse the prestige of office to advance the interests of the judge or the judge’s family”) and Shaman, Lubet, Alfini, Judicial Conduct and Ethics, section 7.21, p. 233 (1997) (“…even when appearing pro se a judge should take care not to create the appearance of favored treatment”).
If the judge represents only his or her interests and does use the prestige of office to advance those interests, the judge may appear pro se in the appellate court. The fact that the judge was represented by a lawyer in the trial court does not change this result.