Opinion No. 95-22

October 12, 1995

TOPIC: Propriety of a judge serving as chair of an organization that raises funds for the charitable arm of the state bar association.

DIGEST: A judge may serve as chair of an organization that raises funds for the charitable arm of the state bar association.

REFERENCES: Illinois Supreme Court Rule 64A and C of the Code of Judicial Conduct, Canon 4 (145 Ill.2d R. 64); Illinois Supreme Court Rule 65 (distinguished) of the Code of Judicial Conduct, Canon 5 (145 Ill.2d R. 65); Illinois Judicial Ethics Committee Opinion Nos. 93-3 and 93-5.

FACTS

The Fellows of the Illinois State Bar Association is an ad hoc group of lawyers and judges which functions as the charitable arm of the Association. The Fellows devise methods for raising funds and then volunteer to implement those efforts. The judge would not directly solicit the funds but would explain what the funds would be used for and speak to public and private fund-granting agencies. The projects and programs of the Foundation all concern the law, the legal system, and the administration of justice.

One becomes a "Fellow" by donating $1,000.00 in one lump or $100.00 a year for ten years to the Bar Foundation. Solicitations are regularly done by mail on a letterhead showing the judge's name and title. Those letters are usually signed by the Chair, in this case, the judge.

QUESTIONS

1. Can a judge serve as chair of the Fellows of the ISBA?

2. Is it permissible for the judge to allow his or her name to appear on the letterhead of a solicitation letter if it is signed by someone else?

3. May the judge sign personal solicitation letters?

OPINIONS

Question 1

A judge may serve as chair of the Fellows. Rule 64C is directly on point: "A judge may serve as a member, officer, or director of an organization or governmental agency devoted to the improvement of the law, the legal system, or the administration of justice. He or she may assist such an organization in raising funds and may participate in their management and investment, but should not personally participate in public fund-raising activities. He or she may make recommendations to public and private fund-granting agencies on projects and programs concerning the law, the legal system, and the administration of justice."

The introductory language of Rule 64A is also on point: "A judge may speak, write...and participate in other activities concerning the law, the legal system, and the administration of justice...."

Question 2

A judge may permit his or her name to remain on the letterhead which is used for general solicitations as long as the organization is one described in Rule 64C: "an organization or governmental agency devoted to the improvement of the law, the legal system, or the administration of justice." Although the Fellows raise money for many projects which could be considered as charitable, they are all involved with the administration of justice. This is not the same as the solicitation of funds covered in Rule 65 which have nothing to do with the law or the administration of justice.

Question 3

A judge must not sign the letters himself or herself because that would be construed as bringing the judge into direct line for the solicitation of money. Rule 64C provides that while a judge may "assist such an organization in raising funds and may participate in their management and investment, but should not personally participate in public fund-raising activities."