Opinion No. 95-11

June 20, 1995

TOPIC: Propriety of judge serving on Board of a Not For Profit Organization.

DIGEST: A judge may serve on the Board of an organization that trains guardian ad litems who are available to be selected by the Court.

REFERENCES: Illinois Supreme Court Rule 65B(1) of the Code of Judicial Conduct, Canon 5, (145 Ill.2d R. 65); Illinois Supreme Court Rule 64C of the Code of Judicial Conduct, Canon 4, (145 Ill.2d R. 64); See also Illinois Judicial Ethics Committee Opinions 93-3, 93-4, 93-5 and 93-7.

FACTS

Judges in certain divisions of the Court, like Probate and Chancery, frequently are required to appoint Guardian ad Litems (GAL's). A particular judge organized some people and formed a not for profit, tax exempt corporation to train volunteers in various areas of expertise who would be qualified to serve the court as a GAL. The judge now serves on its Board.

QUESTION

Can a judge serve on the Board of an organization that trains Guardian Ad Litems appointed by the Court?

OPINION

A judge may serve on the Board of an organization that trains Guardian ad Litems who are appointed by the Court. Rule 64C permits a judge to serve as an officer of an organization devoted to the improvement of law and the administration of justice. Training persons to serve as GAL's will improve the administration of justice.

Rule 65B(1) does not prohibit a judge from serving on the Board of this organization. Rule 65B(1) applies only if the organization engages in proceedings which ordinarily come before him/her or will regularly engage in adversary proceedings in any court. The organization involved here merely trains GALs. It does not itself litigate in the courts.