Opinion No. 05-03
July 29, 2005
Topic: Judge’s participation in a "Kids in Court" educational program to familiarize children with courtroom procedures prior to testifying.
Digest: A judge may participate in an educational program for groups of children who are potential witnesses in a civil or criminal proceeding. The program must present only general information about courtroom procedures and must be neither child- nor case-specific.
References: Illinois Supreme Court Rules 62A and 64C; Illinois Judicial Ethics Committee Opinion No. 98-1.
FACTS
A local child advocacy center, which provides services to any child who will be a witness in either a civil or criminal case, wants to institute a "Kids in Court" program. The program will be available to prosecutors, defense attorneys, and attorneys for civil litigants. The program is designed to educate children on the court process. The children will be shown a courtroom and told the roles played by the various people who work there. A judge will meet the children in the courtroom in the presence of the children’s advocate. The judge will explain what a judge does in court. Someone else will explain appropriate dress and behavior for court, as well as how to ask for a glass of water or a bathroom break.
The judge participating in the program will not be assigned to any docket or calendar which regularly hears cases involving child witnesses.
QUESTION
May a judge participate in a "Kids in Court" program available to all potential child witnesses?
ANALYSIS
A judge may participate in the activities of an organization devoted to the improvement of the law, legal system, or the administration of justice. See Supreme Court Rule 64C. This includes organizations that improve public awareness of court procedures. See, e.g., Illinois Judicial Ethics Committee Opinion No. 98-1 (judge may participate in organization that will recommend improvements to court procedures concerning domestic violence). Clearly, a judge may speak with spectators, such as students or visiting dignitaries, who are on a courthouse tour conducted by an organization that improves awareness of court procedures.
However, potential ethical problems are present when an organization arranges for a judge to meet with persons who will be witnesses. This is so even if, as with the program that is the subject of this inquiry, the judge who participates in the program is unlikely to preside over any case in which the witnesses will testify. Here, the purpose of the Kids in Court program is to make child witnesses more comfortable with court proceedings. This may impact on the witnesses’ demeanor and potentially affect the fact finders’ assessment of credibility. By assisting parties that could benefit from a child’s testimony, unless carefully limited the program could undermine public confidence in the integrity or impartiality of the court. See Supreme Court Rule 62A.
To minimize any such risk, such programs must be generic and not focus on individual children or witnesses. The programs must not be restricted to witnesses for a particular party or class of parties, such as the prosecution in criminal cases or fathers in custody cases. The judge must not be present for or participate in any rehearsal or role-playing of a child’s testimony. The children should be told in advance that the judge will not be able to answer questions, and if any child should ask a question touching on a particular case the judge should decline to answer.
It is recommended, although not mandatory, to facilitate compliance with these restrictions by scripting what the judge will say to the children. It is also recommended that such programs utilize judges who do not regularly hear criminal, custody, or other kinds of cases in which children often testify.
CONCLUSION
The judge may participate in the Kids in Court program as long as the program complies with the restrictions described above.
