Opinion No. 98-11

June 10, 1998

TOPIC: To what extent may a judge assist the Lawyers Assistance Program ("LAP") in obtaining funding for LAP through an increase in the registration dues of attorneys?

DIGEST: 1. A judge's name (with the attribution "The Honorable") may be used on documents which recommend permanent funding for LAP through an increase in attorney registration fees.

2. A judge may be involved both in public and before the Supreme Court in a request to increase the registration dues for LAP funding.

3. A judge may appear before local and special interest bar associations and speak in support of permanent funding for LAP through an increase in registration fees for attorneys.

REFERENCES: Illinois Supreme Court Rules 64B, 64C and 65; Illinois Rules of Professional Conduct 1.6(d) and (e); Shaman, et al., Judicial Conduct and Ethics (1990), pp. 261-267.

FACTS

A joint committee of the Chicago Bar Association ("CBA") and Illinois State Bar Association ("ISBA") was appointed to formulate an approach to the Illinois Supreme Court for recommending permanent funding for LAP. The joint committee's recommendation was an increase of the dues charged for registration of attorneys and collected by the Attorney Registration and Disciplinary Commission ("ARDC") which would be used for the purposes of LAP's programs. The joint committee's recommendations have been accepted by the CBA and the ISBA. Local and special interest bar associations have been contacted and requested to adopt a resolution of support for the joint committee's recommendation. LAP and the joint committee are offering speakers to these local and special interest bar associations which request further information on the proposal. Judges who are members of LAP's board have been asked to assist.

QUESTIONS

1. May a judge's name (either with or without attribution of office) be used on documents presented to the Supreme Court or other organizations recommending permanent funding for LAP?

2. To what extent may a judge be involved either in public or before the Supreme Court in the request to increase registration fees to provide funding for LAP?

3. May a judge appear before local and special interest bar associations and speak in support of permanent funding for LAP from an attorney registration fee increase?

OPINION

Rule 64 addresses a judge's participation in activities related to the law, the legal system and the administration of justice, and provides, in pertinent part:

B. A judge may appear at a public hearing before an executive or legislative body or official on matters concerning the law, the legal system and the administration of justice, and he or she may otherwise consult with an executive or legislative body or official, but only on matters concerning the administration of justice.

C. A judge may serve as a member, officer or director of an organization or governmental agency devoted to the improvement of the law, the legal system, or the administration of justice. He or she may assist such an organization in raising funds and may participate in their management or investment, but should not personally participate in public fund-raising activities. He or she may make recommendations to public and private fund-granting agencies on projects and programs concerning the law, the legal system, and the administration of justice.

Rule 65, in part, addresses a judge's similar participation in civic and charitable activities and states, in part, as follows:

B. Civic and Charitable Activities. 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. A judge may serve as an officer, director, trustee, or non-legal advisor of an educational, religious, charitable, fraternal or civic organization not conducted for the economic or political advantage of its members, subject to the following limitations:

(2) A judge should not solicit or permit his or her name to be used in any manner to solicit funds or other assistance for any such organization. A judge should not allow his or her name to appear on the letterhead of any such organization where the stationery is used to solicit funds and should not permit the judge's staff, court officials or others subject to the judge's direction or control to solicit on the judge's behalf for any purpose, charitable or otherwise. A judge should not be a speaker or the guest of honor at an organization's fund raising events, but he or she may attend such events.

It is the Committee's opinion that Rule 65 is not applicable to the judge's participation with LAP. Although "civic and charitable activities" are not specifically defined in Rule 65, the rule is clearly intended to apply to non-legal activities and organizations, which are the subject of Rule 64. The prohibitions regarding fund-raising of Rule 65 are more restrictive than those stated in Rule 64. The only restriction in Rule 64 is that the judge "may assist such an organization in raising funds...but should not personally participate in public fund-raising activities."

It is the Committee's opinion that the "fund-raising activities" referred to in Rule 64 are not the kinds of activities which are in question here. The rule specifically allows the judges to assist legal organizations in raising funds. The prohibitions in both Rule 64 and Rule 65 against "fund-raising activities" are clearly intended to insure that individuals will not be under pressure to attend fund-raising events or to contribute to causes in order to please, or not displease, a judge. Shaman, et al., Judicial Conduct and Ethics. Although seeking funding for LAP such as is contemplated here may be, in a wide sense, an activity which raises funds for LAP, it is the Committee's opinion that this is not the type of fund-raising contemplated by the rule.

LAP is clearly an organization related to the improvement of the law, the legal system, or the administration of justice. For example, LAP is specifically the subject of Illinois Rules of Professional Conduct 1.6(d) and (e), which extends confidentiality to certain communications in connection with LAP activities and this is clearly intended to advance the legal system and the administration of justice.

The activities contemplated here are more in the nature of those permitted by Rule 64C, which rule states that a judge "may make recommendations to public and private fund-granting agencies on projects and programs concerning the law, the legal system and the administration of justice."

CONCLUSION

It is the Committee's conclusion that the answer to each of the three questions stated above is yes.