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2001-10: A judge may serve on a board of directors of a not-for-profit organization for "Drug Court" professionals organized pursuant to Supreme Court direction

2001-10: A judge may serve on a board of directors of a not-for-profit organization for "Drug Court" professionals organized pursuant to Supreme Court direction

Opinion No. 01-10

October 9, 2001

Topic: A judge may serve on a board of directors of a not-for-profit organization for "Drug Court" professionals organized pursuant to Supreme Court direction.

Digest: A judge may serve on the board of directors of a not-for-profit "Drug Court" organization.

References: Illinois Supreme Court Rules 62A, 64C and 65B; Illinois Judicial Ethics Committee Opinion Nos. 93-5, 93-7, 94-20, 95-11, 95-13, 96-14, 97-3, 97-6, 97-13, 97-15, 98-1, 98-5, 98-15 and 99-4.

FACTS

A judge is helping to form and has been asked to serve on the board of directors of an Illinois association of "Drug Court" professionals. The association will be a regional not-for-profit organization made up of people who work in various areas and fields related to "Drug Court". Included in the group will be prosecutors, defense lawyers, rehabilitation counselors, educators, law enforcement personnel, probation officers and others interested in the operation of "Drug Court". The purpose of the organization will be to promote "Drug Court" to improve the professional education and the professional quality of the people working in "Drug Court" and to promote legislation, which will enable the operation and goals of "Drug Court". The organization will hold educational meetings and yearly conferences. It hopes to attract nationally known educators as speakers.

QUESTION

May a judge serve as a board member of an association of "Drug Court" professionals?

OPINION

"Drug Court" was established in Illinois pursuant to a grant by the federal government under the Omnibus Crime Control and Safe Streets Act of 1968 and at the direction of the Illinois Supreme Court. It reflects the Court's desire to help rehabilitate drug addicted offenders and to keep them out of the correctional system.

Illinois Supreme Court Rule 64C states in part that a judge may serve as a member, officer or director of an organization devoted to the improvement of the law, the legal system, or the administration of justice. Illinois Supreme Court Rule 65B states in part that a judge may serve as an officer or director of an educational or civic organization.

Both Rules 64C and 65B contain certain limitations. These limitations include that: (1) the activity does not cast doubt on the judge's capacity to decide impartially any issue that may come before him or her; (2) the activity does not interfere with the judge's judicial duties; (3) the judge does not participate in public fundraising activities or allow his or her name to be used in any solicitation of funds; (4) the activity is not to be conducted for the member's economic or political advantage; (5) the judge does not act as a legal advisor; and (6) the organization will not likely be engaged in adversarial proceedings that would ordinarily come before the judge or the organization would not regularly be engaged in adversarial proceedings in any court.

Illinois Supreme Court Rule 62A requires a judge to respect and comply with the law and promote public confidence in the impartiality of the judiciary. In addition, a judge swears to uphold the laws of the state.

Various IJEC opinions discuss judicial participation on boards of directors and possible conflicts. SEE, Illinois Judicial Ethics Committee Opinion Nos. 93-5, 93-7, 94-20, 95-11, 95-13, 96-14, 97-3, 97-6, 97-13, 97-15, 98-1, 98-5, 98-15 and 99-4.

CONCLUSION

Rules 64C and 65B permit a judge to serve as a board member of an organization whose purpose is to enhance the quality and the operation of the judicial system and the expertise of the people who work in that system. The judge here is mindful of all the limitations pursuant to Rules 64C and 65B, and believes that his or her participation on the board of this organization will not contravene any of these limitations. "Drug Court" has been created at the direction of the Illinois Supreme Court. Illinois law prohibits the use of drugs. The goals of the organization on whose board the judge wants to serve are consistent with Illinois law and policy. The judge's participation in this organization would not affect public confidence or his or her impartiality and would not violate Rule 62A. Therefore, a judge may serve as a board member of an organization dedicated to promoting "Drug Court".