1996-07: A Judge as a Candidate for Parish School Board and Serving on a Church School Board

DISCLAIMER:  This Opinion interprets the 1993 Illinois Code of Judicial Conduct, which was superseded on January 1, 2023, by the 2023 Illinois Code of Judicial Conduct.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.

IJEC Opinion No. 1996-07

April 17, 1996

TOPIC            

A judge as a candidate for parish school board and serving on a church school board. 

DIGEST

Judges may participate in civic and charitable activities, such as serve as an officer of an education organization not conducted for the economic or political benefit of it's members. 

REFERENCES

Illinois Supreme Court Rule 62A and 62B of the Code of Judicial Conduct, Canon 2 (145 Ill.2d R. 62); Illinois Supreme Court Rule 64 of the Code of Judicial Conduct, Canon 4 (145 Ill.2d R. 64); Illinois Supreme Court Rule 65B of the Code of Judicial Conduct, Canon 5 (145 Ill.2d R. 65). 

FACTS

A judge is asked to run as a candidate for parish school board and if elected to serve on that board. The judge will not be compensated for this position. 

QUESTION

Is it permissible for the judge to run as a candidate for this position and if elected to serve in that position? 

OPINION

Under Illinois Supreme Court Rule 65B, a judge may participate in civic and charitable activities that do not reflect adversely upon the judge's impartiality or interfere with his office. Additionally, he may serve as a director or officer of an educational or religious organization which is not conducted for the economic or political advantage of its members. Service on a parish school board would fall under this rule and is permitted. No specific rule deals directly with the process by which an officer of a charitable or religious organization may be chosen. However, as long as the process by which the judge is chosen for the position complies with Rule 62, which states that a judge should not allow the prestige of his or her office to influence the private interests of others, it would be permissible. Furthermore, the judge must continue to be aware that following Rule 62 the judge must not allow social or other relationships to influence the judge's judicial conduct or judgment. Also, following Rule 64, the judge may not solicit or allow his or her name to be used in any manner to solicit funds or other assistance for the organization.