Opinion No. 98-13

September 9, 1998

TOPIC: Judge assisting in the writing of a screenplay.

DIGEST: A judge may receive compensation for assisting in the writing of a television screenplay, and use his or her name and title on the screenplay and in the screen credits.

REFERENCES: Illinois Supreme Court Rules 62B, 65A, 65C and 66; Shaman, Lubet, Alfini, Judicial Conduct and Ethics, Section 7.27, page 240 (1995); Illinois Judicial Ethics Committee Opinion Nos. 94-15, 96-8 and 97-11.

FACTS

A judge has been asked to assist in the writing of a screenplay for a television series pilot about the criminal justice system in which legal issues will be discussed. All work on the screenplay will be performed outside of regular business hours and no governmental assets will be used in the creation of the screenplay.

QUESTIONS

1. May a judge receive compensation for assisting in the writing of a screenplay?

2. May a judge's title be used on the face of or in the screen credits of a screenplay?

OPINION

Question 1

Reading Rules 65A, 65C and 66 together, a judge may be compensated for writings provided that the writing 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 screenplay does not violate these proscriptions, the judge can receive compensation for assisting in writing the screenplay.

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 and receiving compensation for a legal guide to fines and costs in criminal cases for use by the judiciary and offered for sale statewide. IJEC Opinion No. 97-11 approves a judge writing a novel including legal issues as part of the plot and receiving compensation for that novel.

Accordingly, since there is no indication that the judge's activity will violate Rules 65A, 65C or 66, or any other Rule, the judge may write or assist in writing the screenplay and be compensated for it.

Question 2

IJEC Opinion No. 97-11 further indicates that a judge may publish a novel, receive compensation for it as allowed under Rule 66, and use his or her name and title as the author. Since there is no indication the judge's activity would violate Rule 65A, or any other Rule, the judge may permit his or her name and title to be used on the screenplay itself and in the credits on the screen.