Opinion No. 93-3

September 21, 1993

TOPIC: Use of a judge's name on literature when included

with fund raising materials.

DIGEST: Use of a judge's name on college literature is permissible, even though it is included with a packet involved in fund raising.

REFERENCES: Illinois Supreme Court Rule 65B of the Code of Judicial Conduct, Canon 5 (145 Ill.2d R.65); ABA Model Code of Judicial Conduct (1990), Commentary at Canon 4, Sec. 4(C)(3)(b).

FACTS

A judge serves as a member of a college advisory board. Literature is printed describing the college and listing its board members by name. On those occasions when fund raising materials are mailed, the college includes the literature which identifies the board members along with the fund raising materials. It is clear that the judge may continue to serve as a member of the college advisory board (Illinois Supreme Court Rule 65B of the Code of Judicial Conduct), but the question remains whether the mailing constitutes the use of the judge's name for fund solicitation purposes (Illinois Supreme Court Rule 65B(2) of the Code of Judicial Conduct).

The Commentary to the ABA Model Code of Judicial Conduct at 4(C)(3)(b) states as follows:

Use of an organization letterhead for fund raising...does not violate (the Code) provided the letterhead lists only the judge's name and office or other position in the organization, and if comparable designations are listed for other persons, the judge's judicial designation.

QUESTION

When a judge serves as a member of a college advisory board, may the judge's name be used on literature when included with fund raising materials?

OPINION

Since virtually every eleemosynary organization solicits funds and identifies its board members on stationery, it would be unreasonable to prohibit the use of the judge's name so long as the judge's name is not directly involved in the solicitation of funds. Accordingly, our opinion is that the described conduct does not conflict with the judge's judicial duties and is therefore permissible.