Opinion No. 93-8

September 21, 1993

TOPIC: Judge serving on a committee for a lawyer who is a candidate for a bar association office.

DIGEST: 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.

REFERENCES: Illinois Supreme Court Rule 62B of the Code of Judicial Conduct, Canon 2, (145 Ill.2d R.62); Illinois Supreme Court Rule 64 of the Code of Judicial Conduct, Canon 4, (145 Ill.2d R.64).

FACTS

A lawyer who is a member of a bar association becomes a candidate for a bar association office. The lawyer asks a fellow member of the bar association who is also a judge to join a committee to elect the lawyer for the office.

QUESTIONS

1. Is a judge who serves on a committee for a lawyer who is a candidate for bar association office lending the prestige of his office to advance the candidate's private interest?

2. Is a judge who serves on a committee for a lawyer who is a candidate for bar association office participating in a law related activity that is permissible under the Code of Judicial Conduct?

OPINION

1. Bar associations are historically committed to enhancing the quality of the legal profession. To the extent they are successful in this mission, they improve the administration of justice. Those who serve as officers in bar associations serve without pay and contribute countless hours to this goal. Ultimately, bar association officers serve not their own private interest but the public interest of a well run legal system.

A candidate for a bar association office is not pursuing a private interest, but is volunteering his or her own services for the public good. A judge who lends his or her name to the candidacy of such an individual is not advancing a private interest but is supporting a public contribution to the legal system.

Illinois Supreme Court Rule 62B of the Code of Judicial Conduct does not prohibit a judge from serving on the committee for a lawyer who is a candidate for bar association office.

2. A judge who serves on a committee for a candidate for bar association office is participating in a law related activity which is permissible under the Illinois Supreme Court Rules. Judges are encouraged to participate in the activities of the organized bar. They themselves are frequently candidates for bar association office. They serve on various bar committees as member or chair. It is essential that bar associations have significant input from judges in formulating programs and positions designed to improve our system of law.

Judges should be allowed to fully participate in the activities of the various bar associations. This includes serving on committees of candidates for bar association office. This participation would not extend to private or non-law related organizations and would not include raising money for a bar association or a candidate for a bar office.

Illinois Supreme Court Rule 64A of the Code of Judicial Conduct authorizes a judge to serve on a committee for a lawyer who is a candidate for a bar association office. Nonetheless, a judge may consider disclosing the judge's support for such a candidate.