Could an Illinois judge accept free use of a condominium from a lawyer or a person unlikely to appear in court?

Short answer The Committee barred free use from a lawyer whose firm appeared before the judge, but allowed it from a nonlawyer with no past, pending, or likely case before the judge, with economic-interest reporting.
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 Not binding precedent.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 asked about free use of a Colorado condominium in two situations: one owner was a lawyer whose firm members appeared before the judge, and the other was a nonlawyer with no past, pending, or likely case before the judge.

The Committee said uncompensated use from the lawyer was a gift or favor barred by former Rule 65C(4). The judge could instead rent the condominium from that lawyer for a reasonable fee.

The nonlawyer’s free use was permitted on the stated facts because the donor’s interests had not come and were not likely to come before the judge. The opinion said the reasonable rental value should appear on the judge’s Statement of Economic Interests.

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 The Committee’s archive says that Code was superseded on January 1, 2023, and does not assess the effect of the 2023 Code.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 stay free in the lawyer’s condominium?

A: No. The Committee treated free use as a barred gift or favor from a lawyer whose firm appeared before the judge.

Q: Could the judge pay the lawyer reasonable rent?

A: Yes. The opinion permitted rental for a reasonable fee.

Q: Could the judge accept the nonlawyer’s offer?

A: Yes, on the stated no-case facts, with rental value disclosed on the economic-interest statement.

Background and rules framework

The Committee applied former Illinois Supreme Court Rule 65C(4)’s gift exceptions and Rule 62’s appearance concern. It cited In re Murphy and In re Corboy in analyzing benefits from lawyers.

Citations and references

  • Illinois Supreme Court Rules 62 and 65C(4).
  • In re Murphy, 2 Ill. Cts. Com. 133 (1990); In re Corboy, 124 Ill.2d 29 (1988).

See also

Source

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