DISCLAIMER: This Opinion interprets the 1993 Illinois Code of Judicial Conduct, which was superseded on January 1, 2023, by the 2023 Illinois Code of Judicial Conduct. This Opinion does not consider or address whether the 2023 Code affects the analysis or conclusion of the Opinion. A table cross-referencing the 1993 Code to the 2023 Code can be found at IJEC CORRELATION TABLE.
Opinion No. 97-15
July 9, 1997
TOPIC: Judge as president of cancer society, and judgeships participation in fundraising activities of cancer society.
DIGEST: A judge may be president of a cancer society but may not solicit funds for the charity.
REFERENCES: Illinois Supreme Court Rules 65B and 65B(2); Illinois Judicial Ethics Committee Opinion Nos. 93-5, 94-9, 96-3 and 96-4.
FACTS
A judge has been asked by the board of a cancer society charity to be president of the cancer society. This would not interfere with his or her duties as a judge, but the name of the judge would be included on the stationery.
QUESTIONS
1. May a judge accept the presidency of a cancer society?
2. May a judge's name and title appear an non-fundraising stationery?
3. May a judge, as president of a cancer society, explain the financial condition of the charity to its members, when his or her presentation will be followed by another member who makes the direct appeal for funds?
OPINIONS
Question 1
A judge may accept the presidency of a charitable organization. Illinois Supreme Court Rule 65B of the Code of Judicial Conduct specifically covers this circumstance:
A judge may serve as an officer... of... a... charitable... organization not conducted for the economic or political advantage of its members. See IJEC Opinion No. 93-5.
Question 2
As long as the stationery bearing the judge's name is not used to solicit funds for the charity, there is no violation of Illinois Supreme Court Rule 65(B). Rule 65B(2) states that a judge should not solicit or permit his or her name to be used in any manner to solicit funds or other assistance for such an 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. See IJEC Opinion No. 96-3.
Question 3
Similar to the situation addressed in IJEC Opinion No. 96-4, the judge may explain the financial condition of the charity to the members of the organization as long as he or she does not actually solicit or permit his or her name to be used in any manner to solicit funds for the charity. See IJEC Opinion No. 96-4.
The judge is barred by Rule 65B(2) from participating in fundraising activities. If the activity contemplated in the inquiry is a fundraiser, the judge may attend, but may not participate. An explanation of the financial condition of the organization by the judge, followed by an appeal for funds by another member, would be similar to being a speaker at a charitable fundraiser, which would be prohibited by Rule 65B(2).
Similarly, the judge should not be quoted in any organizational press release which would promote the fundraiser.