Ezel / Ethics Opinions / JUDICIAL-IL

Could an Illinois judge serve as a director of a family charitable foundation?

Short answer Yes, on the stated facts. The foundation neither fundraised nor litigated, and the judge’s role was primarily clerical rather than selecting grant recipients.
Bar
JUDICIAL-IL
Issued
April 18, 2000

Apply this to your situation

This page answers the general question as of 2000. Ask about yours and see what the current rules of professional conduct in your state say for your facts, with citations.

Disclaimer: Advisory only. Not binding precedent.
About this page: The plain-English summary, reader guidance, and Q&A below were written by Ezel based on the official ethics opinion. The original opinion (linked on this page) is the authoritative source for any reliance.

Plain-English summary

A family charitable foundation asked a judge to resume a directorship held before taking the bench. The foundation funded cultural, medical research, and educational nonprofits, did not solicit funds, and was not involved in adversarial court proceedings. The judge’s duties would be mainly clerical.

The Committee concluded that former Rule 65B permitted the board service on these facts. The foundation did not ordinarily appear before the court, engage in adversarial litigation, or solicit support using the judge’s name.

The opinion noted that the judge could recuse if a foundation grant recipient appeared before the judge, to avoid an appearance concern.

Currency note

This opinion was issued in 2000 under the 1993 Illinois Code of Judicial Conduct. The Committee’s page says that Code was superseded on January 1, 2023, and does not assess the effect of the 2023 Code. Treat this page as historical context and verify the current Code before relying on its analysis.

Common questions

Q: Could the judge serve as director?

A: Yes, given the foundation’s charitable, nonfundraising, nonlitigating activities.

Q: Would the judge select grant recipients?

A: No. The stated role was primarily clerical.

Q: What if a grant recipient appeared before the judge?

A: The opinion said the judge could recuse to avoid an appearance of impropriety.

Background and rules framework

The Committee applied former Illinois Supreme Court Rule 65B to charitable board service, including its limits on litigation and fundraising.

Citations and references

  • Illinois Supreme Court Rule 65B.

See also

Source

What do the rules say today, for your facts?

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