Opinion No. 05-04

July 29, 2005

Topic: Judge’s ability to solicit funds or administrative assistance from other non-profit organizations.

Digest: A judge may not personally solicit funds or manpower from a not-for-profit agency for the benefit of a National Organization of Appellate Judges, of which the judge is a member of its executive committee.

References: Illinois Supreme Court Rule 64C; Illinois Judicial Ethics Committee Opinion Nos. 94-4 and 95-22.

FACTS

A judge is a member of the executive committee of a national not-for-profit organization of appellate judges which provides educational programs for judges. The judge would like, on behalf of the committee, to contact other non-profit organizations to seek financial or administrative support for the programs.

QUESTION

May a judge solicit funds or other support from not-for-profits for the benefit of the National Organization of Appellate Judges for which he serves as a member of its executive committee?

ANALYSIS

Under Supreme Court Rule 64C, a judge may be a member of an organization devoted to the administration of justice and clearly the national organization referenced is such an organization. Furthermore, a judge may participate in fund raising for such an organization, although the personal solicitation of funds is prohibited. IJEC Opinion No. 94-9, IJEC Opinion No. 95-22. (Judge may serve as chairman of the Fellows of the Illinois Bar Foundation, but could not personally solicit funds.)

The limitations to a judge’s involvement in civic or charitable activities are designed to ensure that no one feels pressure to donate money because of the fear of offending the judge with a refusal as well as to ensure that no one donates money in the hope of currying favor with that judge.

The issue then arises whether requesting administrative support is akin to acceptable participation in fund raising, such as helping to plan a fund raiser, or attending a fund raiser for a charity in which the judge is a board member; or whether seeking administrative support is more like a personal solicitation of funds. The Committee believes that seeking administrative support is more like the latter than the former. Support in the form of borrowed labor or office equipment is in effect seeking a financial contribution from the prospective donor and such a request is prohibited. Whenever in doubt, a judge should not become involved in the direct solicitation of financial support.

CONCLUSION

The judge may not personally solicit either funds or administrative support from non-profit organizations for the benefit of the National Organization of Appellate Judges.