Opinion No. 93-7

September 21, 1993

TOPIC: Judge accepting presidency of a religiously-affiliated organization performing prison ministry and engaging in public demonstrations urging abolition of the death penalty.

DIGEST: 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.

REFERENCES: Illinois Supreme Court Rule 65B(1) of the Code of Judicial Conduct, Canon 5, (145 Ill.2d R.65); Illinois Supreme Court Rule 62A of the Code of Judicial Conduct, Canon 2, (145 Ill.2d R.62).

FACTS

A trial court judge is an active member of a church and has been asked to assume the presidency of a church-affiliated organization devoted to prison ministry. The organization conducts prison prayer services, provides post-incarceration assistance, and works with inmates' family members when a death has occurred in the family. Additionally, the organization opposes the death penalty. It conducts demonstrations outside prisons when an execution is performed and expresses its views by holding a prayer vigil.

QUESTION

May a judge accept the presidency of a religiously-affiliated organization that opposes and demonstrates against the death penalty as well as provides support services to incarcerated persons and to their families?

OPINION

No. Illinois Supreme Court Rule 65B(1) of the Code of Judicial Conduct prohibits a judge from serving as an officer, director or trustee of a religious organization not conducted for the economic or political advantage of its members, "if it is likely the organization will be engaged in proceedings that would ordinarily come before him or will be regularly engaged in adversary proceedings in any court."

The prison ministry organization takes a clear political stand by opposing the death penalty and demonstrating against its imposition by holding prayer vigils. The organization may be a party litigant in actions seeking death penalty reform or enhancement of services to prison and jail inmates. Thus, the likelihood arises that the organization may appear before the judge.

Furthermore, judges swear they shall uphold state laws, which currently authorize the imposition of the death penalty in Illinois. As president of an organization that advocates the abolition of the death penalty, a judge would have to make decisions regarding the conduct and timing of anti-death penalty prayer vigils and possibly serve as a spokesperson for the organization at a demonstration. As president, the judge would participate in anti-death penalty demonstrations. To engage in such activities, however, would breach Illinois Supreme Court Rule 62A of the Code of Judicial Conduct, which requires a judge to "respect and comply with the law" and act "at all times in a manner that promotes public confidence in the integrity and impartiality of the judiciary." Leadership of such an organization would raise questions about the judge's ability to uphold the oath of office.