Opinion No. 96-4

March 6, 1996

TOPIC: Judge as president of a church, temple or mosque and judge's participation in fundraising activities of church, temple or mosque.

DIGEST: A judge may be president of a church, temple or mosque but may not solicit funds for the church, temple or mosque.

REFERENCES: Illinois Supreme Court Rule 65B, 65B(1) and 65B(2) of the Code of Judicial Conduct, Canon 5 (145 Ill.2d R. 65); by contrast, see Illinois Supreme Court Rule 64C of the Code of Judicial Conduct, Canon 4 (145 Ill.2d R. 64); Illinois Judicial Ethics Committee Opinion No. 93-3; ABA Model Code of Judicial Conduct, Canon 4C(3)(b).

FACTS

A judge has been asked by the board to be president of his synagogue. This would not interfere with his duties as a judge but his or her name would be on the stationery. They have agreed that that stationery would not be used for direct fundraising. Customarily, the president would have to make direct appeals for donations during meetings at the synagogue, especially on certain feast days. They have agreed that he or she would avoid making the direct request for the contributions, but that he or she would make a presentation to them on the financial status of the synagogue.

QUESTIONS

1. May a judge accept the presidency of his or her synagogue?

2. May a judge's name and title appear on non-fundraising stationery?

3. May a judge, as president of a synagogue, explain the financial condition of the synagogue to its members, when his or her presentation will be followed by another member who makes the direct appeal for funds?

OPINIONS

Question 1

A judge may accept the presidency of a church, synagogue, or mosque.

Illinois Supreme Court Rule 65B of the Code of Judicial Conduct specifically covers this circumstance:

A judge may serve as an officer...of...a religious...organization not conducted for the economic or political advantage of its members...

Question 2

Since the stationery here bearing the judge's name will not be used to solicit funds for the synagogue, there is no violation of Illinois Supreme Court Rule 65B(2). Rule 65B(2) states that a judge should not solicit or permit his or her name to be used in any manner to solicit funds or other assistance for any such organization. A judge should not allow his or her name to appear on the letterhead of any such organization where the stationery is used to solicit funds.

Question 3

The judge here may explain the financial condition of the synagogue to the synagogue members so long as he or she does not actually solicit or permit his or her name to be used in any manner to solicit funds for the synagogue. Another member of the synagogue may make the appeal for funds.

In regard to organizations devoted to the improvement of the law, the legal system, or the administration of justice, Illinois Supreme Court Rule 64C of the Code of Judicial Conduct provides authorization for a much broader participation of judges in financial matters. Rule 64C permits judges to assist such organizations in raising funds and participating in their management and investment. But that Rule also prohibits judges from personally participating in public fundraising activities, though it authorizes judges to make recommendations to public and private fund-granting agencies on projects and programs concerning the law, the legal system, and the administration of justice.

Finally, this Illinois Judicial Ethics Committee does not address the significant potential Constitutional issues here relating to any claims of religious freedom being infringed upon by the Code of Judicial Conduct's prohibition against soliciting funds for religious organizations.