Ezel / Ethics Opinions / JUDICIAL-IL

Could an Illinois judge ask the full Judicial Ethics Committee about recusal in a pending case?

Short answer No. The Committee said the judge could consult a judge facilitator, but advice from the full committee would involve nonjudge members and violate the former ex parte communication rule.
Bar
JUDICIAL-IL
Issued
September 21, 1993

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This page answers the general question as of 1993. 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 Not binding precedent.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 judge wanted ethics advice about whether to disqualify from a pending case and asked whether the inquiry could go to an individual committee member or the full committee.

The Committee said former Rule 63A(4)(b) permitted consultation with other judges. Its judge facilitators could therefore respond to inquiries about pending or impending matters.

The full committee included lawyers who were not judges. The opinion said the inquiring judge could not obtain their advice about the pending matter, even through a judge intermediary or a disguised hypothetical. The committee could separately issue general opinions on hypothetical proceedings, rather than respond to a specific pending-case inquiry.

Currency note

This opinion was issued in 1994 under the 1993 Illinois Code of Judicial Conduct. The Committee’s archive says that Code was superseded on January 1, 2023, and does not assess the effect of the 2023 Code.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 ask a judge facilitator?

A: Yes. The Committee routed pending-case inquiries to judge facilitators.

Q: Could the full committee answer the specific inquiry?

A: No. Its nonjudge members could not advise the judge about the pending proceeding under the former rule.

Q: Would presenting the question as hypothetical solve the problem?

A: No. The opinion said that did not change the pending matter’s relationship to the inquiry.

Background and rules framework

The Committee applied former Illinois Supreme Court Rule 63A(4)’s prohibition on ex parte communications and its exception for consultation with other judges. It distinguished the Illinois rule from the ABA Model Code provision for expert legal advice.

Citations and references

  • Illinois Supreme Court Rules 63A(4) and 63A(4)(b).

See also

Source

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