Opinion No. 98-5

April 8, 1998

TOPIC: Judge serving on the Board of Directors of a charitable organization that is regularly involved in proceedings before the Judge.

DIGEST: A Judge may not serve on a Board of Directors of a charitable organization that is involved in proceedings that regularly come before the Judge.

REFERENCES: Illinois Supreme Court Rules 62, 65B(1) and 65B(2).

FACTS

A Judge that routinely hears prostitution cases and imposes as a condition of bond, that defendants attend and complete a special program for prostitutes, has been asked to serve on the Board of Directors of the administrating agency of the special program.

QUESTION

May the Judge accept such an appointment?

OPINION

Here the Judge imposes as a condition of bond on prostitute defendants that they successfully complete the special program offered by the charitable organization. A separate bond order of special conditions is then entered by the Judge.

The Illinois Code of Judicial Conduct would clearly prohibit the service of the Judge on the Board of Directors of such organization. Illinois Supreme Count Rule 65B(1) states: "a Judge should not serve if It is likely that the organization will be engaged in proceedings that would ordinarily come before the Judge." Here that is clearly the case.

Additionally, the letterhead of the charitable organization lists the Board Membership in its solicitations for funds. The Judge's name should not appear on any such solicitations. Illinois Supreme Court Rule 65B(2).

Finally this particular fact situation would present the appearance of impropriety in contravention of Illinois Supreme Court Rule 62.