Opinion No. 99-4

April 14, 1999

TOPIC: Judge serving as a board member of an organization that promotes anti-drug use by youth and the exchange of anti-drug information.

DIGEST: A judge may serve on the board of directors of a not-for-profit anti-drug use organization.

REFERENCES: Illinois Supreme Court Rules 62A, 64C and 65B; Illinois Judicial Ethics Committee Opinion Nos. 93-5, 93-7, 94-7, 94-20, 95-11, 95-13, 96-14, 97-3, 97-6, 97-13, 97-15, 98-1, 98-5 and 98-15.

FACTS

A judge has been asked to serve on the board of directors of an Illinois drug education alliance, a not-for-profit, statewide, all volunteer coalition of citizens and local community organizations dedicated to the goal of drug-free youth. Its objective is to involve all segments of society in Illinois in the process of prevention, and to provide youth and families with information, skills and support for youth to remain drug-free. The organization's process for achieving these goals is: (1) to maintain communication between various groups sharing the organization's goal; (2) to foster cooperation and collaboration between groups developing and implementing effective strategies for preventing illegal use of alcohol and drugs; (3) to provide a forum and communication network for sharing resources and ideas, experiences and training; (4) to act as a statewide advocate for effective prevention efforts; and (5) to provide members with information, resources and leadership in efforts to prevent the illegal use of alcohol and drugs.

QUESTION

May a judge serve as a board member of a youth anti-drug organization?

OPINION

Illinois Supreme Court Rule 64C states in part that a judge may serve as a member, officer or director of an organization devoted to the improvement of the law, the legal system or the administration of justice. Illinois Supreme Court Rule 65B states in part that a judge may serve as an officer or director of an educational or civic organization.

Both Rules 64C and 64B contain certain limitations. These limitations include that: (1) the activity does not cast doubt on the judge's capacity to decide impartially any issue that may come before him or her; (2) the activity does not interfere with the judge's judicial duties; (3) the judge does not participate in public fund-raising activities or allow his or her name to be used in any solicitation of funds; (4) the activity is not to be conducted for the members' economic or political advantage; (5) the judge does not act as a legal advisor; and, (6) the organization will not likely be engaged in adversary proceedings that would ordinarily come before the judge or the organization would not regularly be engaged in adversary proceedings in any court.

Illinois Supreme Court Rule 62A requires a judge to respect and comply with the law and promote public confidence in the impartiality of the judiciary. In addition, judges swear to uphold the laws of the state.

CONCLUSION

Rules 64C and 65B permit a judge to serve as a board member of an organization whose purpose is to prevent drug use by youth and to promote the sharing and exchange of information. The judge here is mindful of all the limitations pursuant to Rules 64C and 65B and his or her participation on the board of this organization will not contravene any of these limitations. Illinois law prohibits the same conduct that the organization on whose board the judge wants to serve seeks to prevent. The judge's participation with this organization would not affect public confidence or his or her impartiality, and it would not violate Rule 62A. Therefore, a judge may serve as a board member of an organization dedicated to promoting drug-free youth.