Opinion No. 94-1

January 19, 1994

TOPIC: Judge acting as paid arbitrator after 5:30 p.m.

DIGEST: A judge may not work as an arbitrator even after

court hours.

REFERENCES: Illinois Supreme Court Rules 65A, 65B and 65E of the Code of Judicial Conduct, Canon 5 (145 Ill.2d R. 65).

FACTS

In connection with a large federal construction project all the contractors, principals, subs and unions are bound by arbitration and would like the judge to be that arbitrator. It would not interfere with court work and would not involve matters that would be likely to come before the court.

QUESTION

May a judge act as a paid arbitrator after 5:30 P.M.?

OPINION

Illinois Supreme Court Rule 65E is dispositive of this issue. It states: "A judge should not act as an arbitrator or mediator", whether for compensation or not. Illinois Supreme Court Rule 65A allows a judge to write, lecture or teach on non-legal subjects and Illinois Supreme Court Rule 65B permits a judge to be on not for profit organizations but not on organizations "conducted for economic or political advantage". A judge may not engage in secondary employment. However, a judge may act as an arbitrator in a demonstration for educational purposes.