January, 2000
The preparation of this digest is intended as a quick reference guide for Illinois Judges with questions on judicial ethics. The opinions are listed in chronological order by opinion number, brief description of the issue, followed by a brief answer. This digest is not intended to be authoritative but rather is intended to guide you to an opinion on the topic of concern to you. Some opinions are very fact specific, while others are more general and it is essential that you read the entire ethics question and opinion as well as the citations of authority which accompany many of the opinions.
Just click on the highlighted case number to go right to the full text of the ethics opinion. Opinion #93-1 Ex Parte Communication attempted by lawyer. Answer: Need not report the lawyer if he was stopped.
93-2 Seeking Ethics Advice from Illinois Judicial Ethics Committee on pending or impending matter. Answer: Okay, but only to individual judicial member of the committee, if there are non-judicial member(s).
93-3 Use of a judge's name on college literature. Answer: It is permissible, even though it is included with a packet involved in fund raising.
93-4 Speaker or Honoree at non-fundraising dinner. Answer: Okay, but be careful (see opinion).
93-5 Officer of not-for-profit organization. Answer: Okay, but can't have name used for solicitation of funds.
93-6 Free use of condominium. Answer: Not from a lawyer but may from non-lawyer who has no matter before the judge and not likely to.
93-7 Presidency of religious organization with prison ministry advocating abolition of death penalty. Answer: No.
93-8 Committee member of candidate for bar association office. Answer: Okay.
93-9 Recommending person seeking federal judgeship. Answer: Okay, if based upon personal knowledge.
93-10 Duty to disclose or disqualify when former partner is party or lawyer. Answer: Duty to disclose is indefinite, duty to recuse is for three years.
93-11 Duty to disqualify self in proceedings involving political campaign contributors to the judge. Answer: Need not recuse.
93-12 Attendance at a golf outing as a guest of a bar association or a lawyer political office-holder. Answer: Okay, unless it creates impression that the association or lawyer have special influence with the judge.
94-1 Acting as paid arbitrator after 5:30 p.m. Answer: No.
94-2 Acting as legal advisor. Answer: No.
94-3 In robe in parade. Answer: Okay, if non-partisan and non-demeaning.
94-4 Acceptance of gift at public testimonial. Okay.
94-5 Publication of gun control views while judge candidate. Answer: Okay, unless it commits a judge to a position in cases likely to come before the court.
94-6 Non-candidate judge contributing to candidate for judge. Answer: Okay.
94-7 Award nomination to be conferred by a voluntary association. Answer: No, if he/she must blanket endorse its program.
94-8 Responding publicly to criticism of court philosophy. Answer: May speak out to clarify philosophy or procedures.
94-9 Fundraising to improve the administration of justice. Answer: Cannot solicit funds but can explain the activities of the agency.
94-10 ARDC reporting obligation (after holding lawyer in criminal contempt). Answer: Discretionary.
94-11 Public endorsement of candidate for judicial office. Answer: No, unless he/she is also a candidate.
94-12 Responsibility after becoming a judge regarding client files and fees. Answer: Must return client files and unearned retainer but may bill for prior work performed.
94-13 Judge's testimony before prisoner review board. Answer: No, if you sentenced him/her.
94-14 Applicant for appointment to a non-judicial office. Answer: Okay to apply for public defender job without first resigning.
94-15 Writing appraisal of book. Answer: No, if intent is to promote sales.
94-16 Acceptance of referral fee from before he/she became judge. Answer: Okay under stated conditions.
94-17 May judge give speeches on controversial legal issues. Answer: Okay if he/she says nothing creating doubt of impartiality. Very delicate area!! See. SCtR.67.
94-18 Duty to recuse in proceeding when judges relative is associated with firm representing a party. Answer: No duty to recuse. Disclosure advised.
94-19 Judge (former prosecutor) advising new prosecutor in case after reversal by appellate court. Answer: May give information but not legal advice.
94-20 Serving on board of a victim impact panel for alcohol related offenders. Answer: Okay.
94-21 Attendance and Introduction at a political gathering. Answer: Okay whether or not he/she is a candidate for election or retention.
95-1 Duty to report judicial misconduct. Answer: Yes, if you have personal knowledge.
95-2 Disqualification when litigant is represented by a lawyer who currently represents or formerly represented the judge. Answer: Must disqualify unless after notice parties waive conflict in writing.
95-3 Sponsoring a lawyer for admission to the United States Supreme Court. Answer: Okay.
95-4 Recommendation for person seeking employment, college admission, or a scholarship. Answer: Okay, based on personal knowledge.
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. Answer: No duty to recuse.
95-6 Duty to disqualify when party is former client of judge's former law partner. Answer: No need to recuse.
95-7 Accepting complimentary subscription to legal resource materials on CD-ROM. Answer: Okay for official use.
95-8 Sending "thank you" notes to campaign contributors. Answer: Okay.
95-9 Judge's spouse who is a secretary for the State's Attorney in a county in which the judge is regularly assigned. Answer: Need not recuse, but see facts in opinion.
95-10 Judge's duty to report to ARDC a lawyer who testifies in court that he used cocaine. Answer: Yes.
95-11 Propriety of serving on board of a not-for-profit organization. Answer: Okay for board of organization that trains guardian ad litems.
95-12 Writing character reference on behalf of a defendant in a federal sentencing hearing. Answer: Okay only if sentencing judge or probation officer requests it.
95-13 Serving on board of cooperative in which the judge lives. Answer: Okay under specific circumstances.
95-14 Accepting gift for performing wedding ceremony. Answer: No fee, gift, gratuity, or compensation of any kind.
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. Answer: Yes.
95-16 Judge's appearance pro se in matter affecting the judge's property in another state in that state's court system. Answer: Okay unless he/she exploits judicial position.
95-17 Requirement judge report attorney misconduct where attorney has been convicted of misdemeanor battery in jury trial before judge. Answer: May but not unless crime reflects on fitness as a lawyer, etc. See Rule 8.4(a)(3).
95-18 Teaching subjects not strictly legal -- speech and debate. Answer: Yes and can take honorarium after hours.
95-19 Acting as legal advisor for an immediate family member. answer: Not in negotiating with 3rd party.
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. Answer: Not unless he represented that defendant.
95-21 Judge attending an execution. Answer: Not when he was the prosecutor in the case.
95-22 Propriety of a judge serving as chair of an organization that raises funds for the charitable arm of the state bar association. Answer: Okay.
95-23 Acting in a play for a civic organization's fund-raiser. Answer: Okay, but can't use name to sell tickets.
96-1 Campaign funds - authority to sign expenditure check. Answer: Okay.
96-2 Recommendation of neighbor for state fellowship or internship that is a continuation of studies in government. Answer: Okay if he has personal knowledge. May use court stationery.
96-3 Participation in organizational fundraising events. Answer: No, except may sit at head table.
96-4 President of a church, temple or mosque and fundraising. Answer: May be president, but no fundraising.
96-5 Response to news media inquires regarding a pending case. Answer: Must be limited to explanation of administrative procedure, of record, or court order.
96-6 Duty to disqualify from criminal cases generally when judge's spouse is the complaining witness in a pending indictment. Answer: No need to disqualify except in spouse's case.
96-7 Candidate for parish school board and serving on a church school board. Answer: Okay if no economic or political benefit.
96-8 Publishing for profit on legal topics. Answer: Okay after hours.
96-10 Participation in a bar association fund-raiser for Special Olympics. Answer: No.
96-11 Teaching non-legal subjects. Answer: Honorarium up to $3000 every six months is okay.
96-12 Attendance at political dinner with spouse who is candidate for sheriff. Answer: Okay.
96-13 Obligation to report to appropriate authorities individual plaintiff's continuing violations of various truth in lending statutes. Answer: No obligation to do so but may.
96-14 Serve on 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. Answer: No.
96-15 Serving as member of judicial evaluation committee of a civic organization. Answer: No.
96-16 Acting as an advocate for a rabbi with his synagogue. Answer: No.
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. Answer: Okay if done for non-judges in same situation.
96-18 Disqualification, former co-counsel and relative as lawyer. Answer: Not necessary as to co-counsel. Not necessary if relative is associate not involved in the case.
96-19 Non-candidate judge featured as the speaker at a county Lincoln day dinner promoted by a political party. Answer: Can be speaker but not if it is a fund-raiser.
96-20 Disqualification if party is represented by the judge's campaign chairman or another lawyer from the campaign chairman's law firm. Answer: Disqualification required as to the chairman. Disclosure advised but not required as to partner or associate.
96-21 Accepting appointment to the citizens advisory council of his/her local school district. Answer: No.
96-22 Disqualification when ex-spouse's lawyer appears before judge. Answer: Not necessary unless there is personal hostility and/or manifestation of partiality.
96-23 Duty of chief judge to take action when a judge he supervises is arrested for DUI. Answer: Has duty to take appropriate discipline if he knows of alcohol problem.
96-24 Accepting a presidential appointment to the United States Institute of Peace. Answer: Okay.
96-25 Duty to disqualify where the judge has insurance policies with insurance company that is defendant in a case before the judge. Answer: No duty to disqualify, only if he/she has sued the company.
96-26 Avocational activities and compensation. Answer: Acting and receipt of honorarium is okay.
97-1 Assertion of Fifth Amendment or obtaining immunity before grand jury. Answer: can result in discipline in both instances if it related to judicial duties.
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. Answer: (1) Can be used in disciplinary proceeding but not for conduct before becoming a judge.
97-3 Propriety of accepting invitation to serve as a member of local task force on sexual assault. Answer: No.
97-4 Judge previously represented lawyer who now appears before him in case. Answer: Okay, if not biased.
97-5 Judge serving as trustee of charitable foundation. Answer: Okay, if no adverse reflection on duties as judge.
97-6 Judge serving on board of directors of a non-profit corporation. Answer: Okay.
97-7 Judge attending promotional event of family business. Answer: Can't be active in business but may attend event and be stockholder.
97-8 Judge on judge advocate general reserve duty giving legal advice to military personnel. Answer: Okay.
97-9 Judge acting as trustee of charitable inter vivos trust. Answer: Okay, but can't accept compensation.
97-10 Judge's fiduciary activities and compensation. Answer: Okay to serve as executor of mother's estate but cannot accept fee.
97-11 Judge publishing for profit. Answer: Okay, even for a novel if legal issues involved.
97-12 Compensation for avocational activities. Answer: Okay to accept honorarium for playing violin in orchestra or at a wedding.
97-13 Judge as a board member, officer, or committee member of a not-for-profit economic development corporation. Answer: Okay under specific conditions in the opinion.
97-14 Formation of a legal defense fund on behalf of a judge. Answer: Okay with caution (see facts).
97-15 Judge as president of cancer society, and judgeships participation in fund-raising activities of cancer society. Answer: Okay to be president. Can't solicit funds.
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. Answer: Not necessary where interest is de minimus.
97-17 Judge owed money by city prosecutor. Answer: Not required to recuse in cases prosecuted by Assistant Prosecutors.
97-18 Judge hiring fellow judge's child as secretary as nepotism. Answer: Not nepotism if hired on merit.
98-1 Judge serving on a family violence coordinating council. Answer: Okay.
98-2 Propriety of a judge signing and circulating the nominating petitions of another judicial candidate. Answer: Okay.
98-3 Candidate using "Judge" on political advertising. Answer: No, unless he/she is already a judge.
98-4 Judge appearing pro se in the appellate court. Answer: May do so on his own case.
98-5 Judge serving on the board of directors of a charitable organization that is regularly involved in proceedings before the judge. Answer: May not.
98-6 Judge writing a letter to the editor finding a judicial candidate "qualified." Answer: May not.
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 law? Answer: No.
98-8 Winding down former partnership connections. Answer: Name can remain in old firm name if tenure as judge will not be substantial (see specific facts).
98-9 Disqualification of judge because of business deal with lawyer whose law firm appears before the judge. Answer: Not necessary unless financial interest in the case is significant enough to question impartiality.
98-10 Propriety of a judge appearing on television or radio. Answer: Okay, if he/she doesn't comment on pending or impending cases.
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? Answer: May assist (see opinions).
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. Answer: No duty to disclose or recuse.
98-13 Judge assisting in the writing of a screenplay. Answer: Okay, after hours.
98-14 Listing of referral agreements by a judge on the Statement of Economic Interest. Answer: Must list cases and attorneys for fee-splitting agreements before a judge.
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. Answer: No.
98-16 Campaigning judge's appointment as deputy voter registrar. Answer: No.
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. Answer: No when the partnership was 33 years ago and the closings were routine.
99-1 Judge as "celebrity bagger" at supermarket as charitable fund-raising effort. Answer: No.
99-2 Judge serving on elected public school board. Answer: May not.
99-3 Judge's name appearing on donors' list for fund-raiser. Answer: Okay (honoring retired public defender).
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. Answer: Okay.
99-5 Use of a judge's name as one of several honorees on invitation to high school benefit. Answer: Not permitted.
99-6 Duty of a judge to report lawyer misconduct to the ARDC. Answer: Must initiate appropriate discipline which may include report to ARDC depending on severity (see opinion).
99-7 Judge leading college alumni scholarship fund drive. Answer: Not permitted.
99-8 Judge's response to inquiry from a bar association regarding the qualifications of fellow judge for retention or elective judicial office. Answer: Okay if confidential.