Opinion No. 95-3

March 7, 1995

TOPIC: A judge sponsoring a lawyer for admission to the United States Supreme Court.

DIGEST: A judge may sponsor a lawyer for admission to practice before the United States Supreme Court. In so doing, the judge is furthering the efficient administration of justice and in no way is affecting his or her impartiality.

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); Illinois Supreme Court Rule 65 of the Code of Judicial Conduct, Canon 5 (145 Ill.2d R. 65); ABA Model Code of Judicial Conduct, Canon 2B (1990) and accompanying Commentary; Illinois Judicial Ethics Committee Opinion Nos. 93-8 and 93-9.

FACTS

A lawyer asks a particular judge to sponsor him or her for admission to the United States Supreme Court.

QUESTIONS

1. Does a judge who sponsors a lawyer for admission to the United States Supreme Court

a. lend the prestige of the judicial office to advance the private interest of another?

b. convey or permit others to convey that the applicant is in a special position to influence the judge?

2. Is a judge who sponsors a lawyer for admission to the United States Supreme Court participating in a law related activity that does not cast doubt on his or her capacity to decide impartially any issue that may come before him or her?

3. Does the act of sponsoring a lawyer for admission to the United States Supreme Court constitute the practice of law?

OPINIONS

1. A judge may sponsor a lawyer for admission to the United States Supreme Court. In fact, the Commentary to Canon 2(b) of the revised 1990 Model Code establishes that the Canon was not intended to prohibit a judge from providing recommendations based upon personal knowledge. As the Committee has indicated in its prior Opinions numbered 93-8 and 93-9, "...Canon 2(b) is not a bar to a judge providing such information." "...the Committee is of the opinion that a judge, based upon his or her personal knowledge, may act as a reference or furnish a letter of recommendation..." IJEC 93-9.

2. A judge who sponsors a person for admission to the United States Supreme Court is engaging in a law related activity concerning the law, the legal system, and the administration of justice. If the action does not cast doubt on the judge's capacity to decide impartially any issue which may come before him or her it is permissible. Without more, there is nothing to suggest that the judge's impartiality would be affected by this sponsorship. Supreme Court Rule 64 authorizes a judge to sponsor a lawyer for admission to the United States Supreme Court.

3. There is no requirement other than court rule that a sponsor for admission to practice before the United States Supreme Court or any court be a lawyer.

The relationship between the sponsor and the applicant is not that of a lawyer to a client. The sponsor is called upon to render an opinion of the applicant to the Court and not to give legal advice.

The sponsorship of a lawyer for admission to the United States Supreme Court is not the practice of law in violation of Supreme Court Rule 65F.