Opinion No. 96-13

July 16, 1996

TOPIC: Obligation of judge to report to appropriate authorities an individual plaintiff's continuing violations of various truth in lending statutes.

DIGEST: A judge who learns from matters pending before him that a plaintiff has many collection cases that violate the truth in lending laws may, but is not obligated to, refer those facts to the authorities that have a statutory responsibility to enforce those laws.

REFERENCES: Illinois Supreme Court Rule 63B(3) of the Code of Judicial Conduct, Canon 3 (145 Ill.2d R. 63).

FACTS

A judge hears all collection cases in the courthouse. During the trial of two of these cases involving the same plaintiff, the court found that the plaintiff had violated the Consumer Installment Loan Act, 205 ILCS 670. A check of the court records discloses that this same plaintiff has numerous similar collection cases pending.

QUESTION

Does the judge have an obligation to report this matter to an appropriate authority? If the judge has no obligation, does he or she have the discretion to report the matter to an appropriate authority?

OPINION

The judge has the discretion to refer the matter to any appropriate authority. This action would uphold the integrity of the court system in that it might well avoid a misuse of the collection procedures. ISBA Advisory Opinion on Professional Conduct Nos. 86-10 and 89-09 both note that it is improper for an attorney to file cases in jurisdictions where venue is clearly improper.

On the other hand, there does not seem to be an obligation on the judge to make such a report. While Rule 63B(3) requires a judge to take or initiate appropriate disciplinary measures when there is a violation of the Code of Judicial Ethics or Rule 8.4 of the Rules of Professional Conduct, that obligation does not extend to enforcement of all laws.

Consequently, a judge who discovers facts indicating that a party is improperly filing matters in the wrong venue may, but is not obligated to, refer those facts to an appropriate authority.