Ezel / Ethics Opinions / JUDICIAL-IL

Could an Illinois judge recommend a candidate for appointment as a federal judge?

Short answer Yes. The Committee allowed a reference or recommendation grounded in the judge’s personal knowledge and also permitted cooperation with judicial selection bodies.
Bar
JUDICIAL-IL
Issued
September 21, 1993

Apply this to your situation

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 Not binding precedent.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 to act as a reference and write a recommendation for a federal district court applicant.

The Committee read former Rule 62B’s prestige-of-office restriction in light of ABA commentary permitting recommendations based on personal knowledge. It concluded that a grounded reference did not improperly advance private interests.

The opinion also allowed the judge to suggest candidates to appointing or screening bodies and respond to official inquiries. It cautioned that other forms of participation or the content and tenor of a communication could still implicate the Code, including its concern for public confidence in impartiality.

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 The Committee’s archive says that Code was superseded on January 1, 2023, and does not assess the effect of the 2023 Code.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 write a recommendation letter?

A: Yes, if based on personal knowledge of the candidate.

Q: Could the judge suggest names to a screening committee?

A: Yes. The Committee expressly allowed that form of participation.

Q: Was any form of advocacy approved?

A: No. The opinion cautioned that conduct beyond the described activities might violate former Rule 62B.

Background and rules framework

The Committee interpreted former Illinois Supreme Court Rule 62B using the ABA Model Code commentary on personal-knowledge recommendations and considered Rule 62A’s impartiality concern.

Citations and references

  • Illinois Supreme Court Rules 62A and 62B.
  • Maryland Judicial Ethics Committee Opinion 83 (1980).

See also

Source

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