Did an Illinois judge have to recuse from a will contest involving a law firm the judge left nine years earlier?

Short answer The Committee found no required disqualification on the assumed facts: the prior association exceeded former Rule 63C(1)(c)’s three-year period, and the judge had not worked on the present controversy.
Bar
JUDICIAL-IL
Issued
November 17, 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 Not binding precedent.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

In a will contest, a lawyer from the judge’s former firm was a party and another firm lawyer represented the estate and that lawyer. The judge had left the firm about nine years before and was assumed to lack personal knowledge of disputed facts.

The Committee distinguished drafting the will from serving as counsel in the present controversy under former Rule 63C(1)(b). It also applied former Rule 63C(1)(c)’s three-year period for association with a lawyer or firm currently representing a party and found it had expired.

The opinion’s digest says disclosure is indefinite, but its analysis says the Illinois Code omitted the ABA commentary recommending disclosure and rejects an indefinite disclosure burden. The opinion does not consider possible liability of the judge.

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 The Committee’s archive says that Code was superseded on January 1, 2023, and does not assess the effect of the 2023 Code.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: Did former firm membership nine years earlier require recusal?

A: No, on the assumed facts and under the former three-year association provision.

Q: What if the judge knew disputed facts?

A: The opinion said former Rule 63C(1)(a) would then require disqualification.

Q: Did the opinion give a consistent disclosure holding?

A: No. Its digest calls disclosure indefinite, while its analysis rejects an indefinite disclosure duty.

Background and rules framework

The Committee interpreted former Illinois Supreme Court Rule 63C(1)(a), (b), and (c), and discussed the absence of ABA commentary on disclosure from the Illinois Code.

Citations and references

  • Illinois Supreme Court Rule 63C(1)(a), (b), and (c).
  • People v. Storms, 155 Ill.2d 498 (1993).

See also

Source

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