1997-03: Propriety of judge accepting invitation to serve as a member of local task force on sexual assault. |
Opinion No. 97-3
DIGEST: Judge may not serve as a member of local task force on sexual assault. REFERENCES: Illinois Supreme Court Rule 65B of the Code of Judicial Conduct, Canon 5 (145 Ill.2d R. 65); Committee Commentary to Rule 65; Illinois Judicial Ethics Committee Opinion No. 96-21. FACTSStaff members from a civic organization have invited a judge to serve on their sexual assault task force. The task force has set up a program to assist sexual assault victims by providing a timely health exam and assessment, the collection of forensic evidence for better prosecution of offenders, and follow up court testimony. The judge has been asked to become involved in developing this program.
QUESTION
The task force in this fact situation is committed to service of persons who have been subjected to sexual assault. The task force provides medical care and counseling; however, it also provides aid to law enforcement agencies. The task force has issued a mission statement that outlines its goals. One of the goals is to provide a source of mutual aid to the staff and volunteers of all social and law enforcement agencies. The statement goes on to list benefits to the police and state's attorney's office as well as achieving an increase in successful apprehension and prosecution of rapists. The task force will provide witnesses who will testify directly as an expert witness or as to the appearance of the victim when arriving at the shelter. Task force members will testify at the request of the prosecutor, never the accused. Task force members will "follow case[s] through the court system working closely with law enforcement and prosecution to ensure successful prosecution of those guilty of sexual assault." |