Opinion No. 94-4

March 22, 1994

TOPIC: Judge's acceptance of gift at public

testimonial.

DIGEST: A judge may accept a gift in recognition of the judge's law-related extrajudicial activity.

REFERENCES: Illinois Supreme Court Rule 65C(4)(a) of the Code of Judicial Conduct, Canon 5 (145 Ill.2d R. 65).

FACTS

A judge along with an attorney was appointed by the Chief Judge to a panel to promote a judicial purpose. The panel's project was successfully concluded and the Chief Judge wished to give both the attorney and the judge a fancy pen set, the value of which was $162.00.

QUESTION

Can a judge accept an expensive pen set from the judge's presiding judge at a public appreciation ceremony honoring the judge for participation in a laudable law-related public endeavor?

OPINION

Yes. Illinois Supreme Court Rule 65C(4)(a) of the Code of Judicial Conduct provides: "a judge may accept a gift incident to a public testimonial to the judge..."