Opinion No. 97-11

May 7, 1997

TOPIC: Judge publishing for profit.

DIGEST: A judge may receive compensation for writing a novel where legal issues are part of the plot.

REFERENCES: Illinois Supreme Court Rules 65A, 65C and 66; Shaman, Lubet, Alfini, Judicial Conduct and Ethics, Section 7.27, page 240 (1995); Illinois Judicial Ethics Opinion Nos. 94-15 and 96-8.

FACTS

A judge has written a novel, legal issues are part of the plot. The judge will be shown by name and title as the author of the novel. All work on the novel will be performed outside regular business hours and no governmental assets have been used in the writing of the novel.

QUESTIONS

1. May a judge receive compensation for writing a novel?

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

OPINIONS

Question 1

Reading Rules 65A, 65C and 66 together, a judge may be compensated for 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 also, Shaman, Lubet, Alfini, Judicial Conduct and Ethics, Section 7.27, page 240 (1995). Assuming the novel does not violate these proscriptions, the judge could receive compensation for writing the novel.

For example, IJEC Opinion No. 94-15 prohibits a judge from writing an appraisal of a legal work because it would exploit the judge's position as a judicial recommendation of the book. On the other hand, IJEC Opinion No. 96-8 approves a judge publishing a legal guide to fines and costs in criminal cases for use by the judiciary and offered for sale statewide, receive compensation and be identified by name and title as the author of the book.

Question 2

Since the writing which the judge is proposing does not include any indication that Rule 65A would be violated, the judge may publish the novel, receive compensation as allowed in Rule 66 and use his or her actual name and title as the author of the novel.