2001-06: Judge as speaker at a church service.

Opinion No. 01-06

May 1, 2001

Topic: Judge as speaker at a church service.

Digest: The judge may be a speaker on non-legal subjects at a church service.

References: Illinois Supreme Court Rules 62A, 65B and 67A(3)(d); Illinois Judicial Ethics Committee Opinion Nos. 96-4 and 96-7.

FACTS

A judge has been invited to speak at a church service. The judge’s speech would address parenting and family issues; it would not address matters that could come before the court. Fundraising would not take place at the church service.

QUESTION

Can a judge be a speaker on non-legal topics at a church service?

ANALYSIS

Supreme Court Rule 65B permits a judge to participate in civic and charitable activities that "do not reflect adversely upon the judge’s impartiality or interfere with the performance of the judge’s judicial duties." The "civic and charitable activities" covered by this rule include religious activities, as is made clear by the specific authorization, in the same paragraph of that rule, for judges to serve in various capacities for "educational, religious, charitable, fraternal, or civic organization[s]." See also Supreme Court Rule 62A ("A judge … should conduct himself or herself at all times in a manner that promotes public confidence in the integrity and impartiality of the judiciary").

There is no reason to believe that the judge’s speech concerning non-legal issues would reflect adversely on the judge’s impartiality. Moreover, although the restrictions on political speech contained in Supreme Court Rule 67A(3)(d) are not directly applicable here because the judge is not currently a candidate for office, it is worth noting that the judge’s talk would not commit or appear to commit the judge with respect to cases, controversies, or issues that are likely to come before the court. Under these circumstances, there is no concern that the judge would undermine public confidence in the integrity and impartiality of either the judiciary in general or this judge in particular. Cf. IJEC Opinion No. 96-4 (judge may serve as President of church, synagogue, or mosque); IJEC Opinion No. 96-7 (judge may serve as member of church school board).

OPINION

The judge may be a speaker on non-legal subjects at a church service.