Opinion No. 00-3

April 18, 2000

Topic: Judge sponsoring a little league team with Judge's name on uniforms.

Digest: Judge may sponsor little league team and have judge's name on uniforms.

References: Illinois Supreme Court Rules 62A, 62B, 65A, 65B, 67 and 67C; Illinois Judicial Ethics Committee Opinion Nos. 93-12, 94-3, 95-18, 96-10, 96-26, 97-12, 98-13 and 99-1.

FACTS

A judge wants to sponsor a little league team and put his/her name on the back of the uniforms. For example, the uniforms might read "Judge Crater" or "Judge Crater's All Stars". The judge is not using the little league team to raise funds and the judge is not currently running for re election. The judge sits in juvenile court, but there is no indication that his/her team members are more likely to appear before him/her than others in the area.

QUESTION

May a judge sponsor little league team and have the judge's name on the uniforms?

DISCUSSION

Illinois Supreme Court Rule 62, Canon 2, provides that a judge should avoid impropriety and the appearance of impropriety in all of the judge's activities. Paragraph A of the Rule provides that a judge "should conduct himself or herself at all times in a manner that promotes public confidence in the integrity and impartiality of the judiciary."

Part B of the Rule provides that a judge "should not convey or permit others to convey the impression that they are in a special position to influence the judge."

Illinois Supreme Court Rule 65A provides that a judge "may write, lecture, teach, and speak on nonlegal subjects, and engage in the arts, sports, and other social and recreational activities, if such avocational activities do not detract from the dignity of the judge's office or interfere with the performance of the judge's judicial duties." Paragraph B of the Rule provides that a judge may participate in civic and charitable activities that do not reflect adversely upon the judge's impartiality or interfere with the performance of the judge's judicial duties."

Illinois Supreme Court Rule 67, Canon 7, provides that "A judge or judicial candidate shall refrain from inappropriate political activity." Paragraph C of the Rule provides: "Incumbent Judge. A judge shall not engage in any political activity except (i) as authorized under any other provision of the 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".

Illinois Judicial Ethics Opinion No. 94-3 states that it is not improper for a judge to appear in the judge's robes in a parade to show the different kinds of work or professions that are possible for children where the parade is non partisan and non demeaning. Illinois Judicial Ethics Opinion No. 95-18 states that a judge may act as a coach for the speech and debating team of a high school. Illinois Judicial Ethics Opinion No. 96-26 states that a judge may engage in the avocation of acting and may accept an "honorarium". Illinois Judicial Ethics Opinion No. 97-12 approves of a judge playing a violin solo or in an orchestra as part of a wedding ceremony. Illinois Judicial Ethics Opinion No. 98-13 states that a judge may receive compensation for assisting in the writing of a screenplay and may use his or her title on the screenplay and in the screen credits.

Illinois Judicial Ethics Opinion No. 96-10 provides that a judge may not participate in a fund raiser for the Special Olympics sponsored by a local bar association where the judge is to appear in a "dunk tank" and customers pay for chances to hit a target and "dunk" a judge. The prohibition in the opinion was based on the fact the judge's participation was intended to raise money. The issue of whether the activity detracted from the dignity of the judge's office (Rule 65A) was not reached. Illinois Judicial Ethics Opinion No. 99-1 also provides that a judge may not act as a "celebrity bagger" at a supermarket as part of a charitable fundraising effort. Illinois Judicial Ethics Opinion No. 93-12 states that a judge may attend a golf outing as the honoree of a bar association so long as it doe not create the impression that certain interests are in a position to influence the judge.

OPINION

Sponsoring a little league team with the judge's name on the uniform does not appear to lessen public confidence in the integrity or impartiality of the judiciary, nor does it appear to detract from the dignity of the judge's office or interfere with the performance of the judge's judicial duties. Using the judge's own name on the uniforms also would not appear to be political activity, anymore than the judge using his or her name on a screen play or novel would be political activity. It also would not improperly convey the impression that team members are in a special position to influence the judge, anymore than the judge's coaching the team without the names on the uniforms would. Accordingly, there is nothing improper about a judge sponsoring a little league team and having the judge's name on the uniforms.