2021-02 A Judge’s Participation in a Political Party’s Fundraising Event as a Guest of Honor 

DISCLAIMER:  This Opinion interprets the 1993 Illinois Code of Judicial Conduct, which was superseded on January 1, 2023, by the 2023 Illinois Code of Judicial Conduct.  This Opinion does not consider or address whether the 2023 Code affects the analysis or conclusion of the Opinion.  A table cross-referencing the 1993 Code to the 2023 Code can be found at  IJEC CORRELATION TABLE.

IJEC Opinion No. 2021-02

TOPIC

A judge’s participation in a political party’s fundraising event as a guest of honor.

DIGEST

Only a judge running for election or a judicial candidate may be a guest of honor at a political party’s fundraiser.

REFERENCES

Illinois Supreme Court Rules 65 C, Rule 67 B (1)(a) (ii) and (iii) and b(1) and (2) and Rules 67 B and C.  

FACTS

A judge is asked to appear as an honored guest at a fundraiser for a political party. Funds raised at the event would be used for expenses and other political purposes.

QUESTION

May a judge be a guest of honor of a political party’s fundraising event?

OPINION SUMMARY

The Illinois Code of Judicial Conduct, Rule 65 B, permits a judge or judicial candidate to be a guest of honor at a fundraising event for an organization. IJEC 2010-01. Doing so inherently involves political activity. Accordingly, this provision prohibits an incumbent judge from appearing as a guest of honor at a political fundraising event. Rule 67 B (1)(a) (ii) and (iii) and b(1) and (2) and C address improper political activity by judges or candidates for judge. These sections allow judges running for office and judicial candidates to engage in political activity related to their election.  Therefore, they may be a guest of honor at political party’s fundraising event, but only during the period proscribed for electioneering.

I. Rule 65 B: Guest of Honor at a Non-Political Fundraising Event for an Organization, 2006 Amendment

The 2006 Amendment to Rule 65 B allows a judge to serve as a guest of honor at a fundraising event for an organization.

The amendment states:

“However, a judge may be a speaker or the guest of honor at an organization’s fundraising events and may allow event-related promotional materials, invitations, and other communications to mention such participation by the judge.”

See JEC Opinion 2010-10. (Judge may serve as a guest of honor speaker at a fundraising event sponsored by an educational, religious, fraternal, or civic organization not conducted for economic or political advantage of its members).

This provision, however, does not deal with a judge appearing as a guest of honor at a political party’s political fundraising event.

II. Pre-2006 Amendment to Rule 65 B Guest of Honor Opinions

“Before the 2006 amendment, Rule 65 B did prohibit a judge from engaging in such [Guest of Honor] activities.” Rule 65B (2) as adopted Dec. 2, 1986. A pre-amendment version of 65 B precluded a judge from speaking at a high school fundraiser. IJEC Opinion 99-5. Similarly, it prohibited a judge from speaking as a guest of honor at a university’s fundraising dinner. IJEC Opinion 2010-01. But the current version Rule 65B (2) says otherwise, “[A] judge may serve as the guest speaker at a fund-raising event held by his or her alma mater.” IJEC Opinion 2010-01.

III. Concern About a Judge Being a Guest of Honor at a Political Party’s Meeting to Raise Funds

The main concern about a judge as a guest of honor at a political party’s fundraising event is that it would enmesh the judge in improper fundraising activity. Rule 67 provides guidance.

IV. Improper Political Activity; Permissible Political Activity by Judges Running for Election and Candidates for Judge. Rule 67

Rule 67 addresses proper and improper political activity by judges and candidates for judge.

A judge or judicial candidate running for election may engage in political activities consistent with campaigning for election, including speaking to gatherings on their own behalf, appearing in ads supporting their candidacy, distributing pamphlets, publicly supporting or opposing other candidates, and raising funds through a committee. Rule 67 A, B.

A judge neither seeking election nor a candidate for judge, is barred from engaging in any political activity except “(i) as authorized under any other provision of this Code, (ii) on behalf of measures to improve the law, the legal system, or the administration of justice, or (iii) as expressly authorized by law.” Rule 67 C.

While Rule 65 B permits a judge to be the “guest of honor at an organization’s fundraising events” a political party’s fundraising event do not fall within the Rule.

Given the broad range of political activity allowed judges running for election and judicial candidates, judges running for election and judicial candidates would be allowed under Rule 67 to appear as a guest of honor and speak at a political party’s fundraising event. The political activity of being a guest of honor is considered part of the political process of campaigning for judge.

But, judges not campaigning for office are forbidden from being guests of honor at a political party’s fundraising event.

See generally, IJEC Opinion 1994-21 (Judge can attend political gathering and be introduced by name and position.) Rule 67 B, Judges can purchase tickets for and attend political gatherings, identify themselves as a member of a political party, contribute to a political organization; and when running for office can speak to gatherings on the their own behalf, appear in media ads supporting their candidacy, distribute promotional materials, and publicly endorse or oppose other candidates in a public election in which the judges are engaged.

IJEC Opinion 96-19 addresses whether a non-candidate judge may be a speaker at a Lincoln Day dinner sponsored by a political organization. The opinion determined that the judge could speak so long as the event was not a fundraiser but instead a community event and assuming the speech did not otherwise bring the judge’s impartiality into question.

Rule 67 addresses proper and improper political activity by judges and candidates for judge.

A judge or judicial candidate running for election may engage in political activities consistent with campaigning for election, including speaking to gatherings on their own behalf, appearing in ads supporting their candidacy, distributing pamphlets, publicly supporting or opposing other candidates, and raising funds through a committee. Rule 67 A, B.

A judge neither seeking election nor a candidate for judge, is barred from engaging in any political activity except “(i) as authorized under any other provision of this Code, (ii) on behalf of measures to improve the law, the legal system, or the administration of justice, or (iii) as expressly authorized by law.” Rule 67 C.

While Rule 65 B permits a judge to be the “guest of honor at an organization’s fundraising events” a political party’s fundraising event do not fall within the Rule.

Given the broad range of political activity allowed judges running for election and judicial candidates, judges running for election and judicial candidates would be allowed under Rule 67 to appear as a guest of honor and speak at a political party’s fundraising event. The political activity of being a guest of honor is considered part of the political process of campaigning for judge.

But, judges not campaigning for office are forbidden from being guests of honor at a political party’s fundraising event.

See generally, IJEC Opinion 1994-21 (Judge can attend political gathering and be introduced by name and position.) Rule 67 B, Judges can purchase tickets for and attend political gatherings, identify themselves as a member of a political party, contribute to a political organization; and when running for office can speak to gatherings on the their own behalf, appear in media ads supporting their candidacy, distribute promotional materials, and publicly endorse or oppose other candidates in a public election in which the judges are engaged.

IJEC Opinion 96-19 addresses whether a non-candidate judge may be a speaker at a Lincoln Day dinner sponsored by a political organization. The opinion determined that the judge could speak so long as the event was not a fundraiser but instead a community event and assuming the speech did not otherwise bring the judge’s impartiality into question.

CONCLUSION

Given IJEC Opinions 2010-01 and1994-21 and the language of Rule 67 B (1)(a)(ii) and (iii) and b (1) and (2) and Rule 67 B and C, and Rule 65 B (2), an incumbent judge who is a judicial candidate may appear as a guest of honor at a political party’s fundraising event, but a judge not presently a candidate is forbidden from doing so.