Opinion No. 96-8

April 17, 1996

TOPIC: Judge publishing for profit.

DIGEST: A judge may receive compensation for writing a book.

REFERENCES: Illinois Supreme Court Rule 64 of the Code of Judicial Conduct, Canon 4 (156 Ill.2d R. 64); Illinois Supreme Court Rule 65C of the Code of Judicial Conduct, Canon 5 (156 Ill.2d R. 65); Illinois Supreme Court Rule 66 of the Code of Judicial Conduct, Canon 6 (156 Ill.2d R. 66); Shaman, Lubet, Alfini, Judicial Conduct and Ethics, Section 7.27, page 240 (1995); and Illinois Judicial Ethics Opinion 94-15 (6-17-94).

FACTS

A judge has written a guide to fines and costs in criminal cases for use by the local judiciary. The book will be offfered for sale statewide and a fee charged for yearly updates. The judge will be shown by name and title as the author of the book. All work on the book and updates will be performed outside regular business hours.

QUESTIONS

1. May a judge receive compensation for writing a book and providing updates for the book?

2. May a judge be identified by name and title as the author of a book?

OPINION

Subject to certain limitations, a judge may write on legal subjects and receive compensation for doing so. Illinois Supreme Court Rule 64, which permits a judge to write on legal subjects, provides in relevant part:

A judge, subject to the proper performances of his or her judicial duties may engage in the following law-related activities, if in doing so the judge does not cast doubt on his or her capacity to decide impartially any issue that may come before him or her.

A. A judge may... write... concerning the law, the

legal system, and the administration of justice.

Nothing in Rule 64 prevents a judge from being identified by name and title on the publication.

While judges generally may not receive compensation for law-related activities permitted by the Code of Judicial Conduct, Rule 66 specifically provides that a judge may receive "... a sum of money or other thing of value paid for writings." See Rule 66. As a result, a judge may receive compensation for writing a book and providing updates for the book.

However, once a judge enters into an arrangement whereby compensation will be received, the judge's activity becomes governed by Illinois Supreme Court Rule 65C. Rule 65C in pertinent part, provides:

C. Financial Activities.

(1) A judge should refrain from financial and business dealings that tend to reflect adversely on the judge's impartiality, interfere with the proper performance of the judge's judicial duties, exploit the judge's judicial position, or involve the judge in frequent transactions with lawyers or persons likely to come before the court on which the judge serves.

Reading Rules 64, 65C, and 66 together, a judge may be compensated for judicial writings provided that the activity does not, (1) interfere with, or reflect adversely upon, the performance of the judge's duties; (2) cast doubt upon the judge's ability to decide impartially any issue that may come before the judge; (3) exploit the judge's position; or (4) involve the judge in frequent transactions with lawyers or non lawyers likely to come before the judge. See, Shaman, Lubet, Alfini, Judicial Conduct and Ethics, Section 7.27, page 240 (1995) and Illinois Judicial Ethics Opinion 94-15 (6-17-94) (a judge can publish essay supporting gun control that contains strong statements of the judge's commitment to impartiality).

Since the inquiry presented here does not include any indication that these provisions would be violated, the judge may publish the book and receive compensation for the initial writing and for the updates.