Opinion No. 01-09

July 25, 2001

Topic: Judge's spouse hosting a reception for a political candidate in their home.

Digest: A judge's spouse may host an event for a political candidate in the spouse and judge's home, and the judge may attend the event.

References: Illinois Supreme Court Rules 62, 67(A)(1)(b) and 67B(1)(a)(I); Illinois Judicial Ethics Committee Opinion Nos. 94-21 and 96-12.

FACTS

A judge's spouse has been asked by a political candidate to host a reception for the candidate in the home of the judge and spouse. The judge also wishes to attend the event.

QUESTION

1. May a judge's spouse host a reception for a political candidate at the judge and spouse's home?

2. If so, may the judge attend?

OPINIONS

Question 1

A judge's spouse may host a reception for a political candidate at the judge and spouse's home. No rule presumes that a judge and the judge's spouse have the same political views. Furthermore, no rule prohibits a spouse from using the spouse's home to promote his/her political views.

Question 2

The judge may attend the reception. While Rule 67A(1)(b) prohibits a judge from publicly endorsing or opposing another candidate for public office, Rule 67B(1)(a)(i) allows a judge to "purchase tickets for and attend political gatherings." In addition, IJEC Opinion No. 96-12 interpreted Rule 67B(1)(a)(i) to allow a judge to attend a political gathering for a spouse who was running for office, and IJEC Opinion No. 94-21 provides that a judge can be introduced at a political gathering. Therefore, a judge's mere attendance at a political gathering does not equate to a public endorsement, and a judge may attend a reception hosted by the judge's spouse in the home of the judge and spouse.

While the judge may attend the event, the judge must, in accordance with Rule 62, avoid impropriety and the appearance of impropriety. Consequently, the judge shall not in any manner act as sponsor, or lend the use of his/her name or office to the event. The judge must also assess whether the judge's role at the reception is consistent with the purpose of Rule 62, which is to foster the appearance of impartiality in the eyes of the public.