Could Illinois judges publicly explain their court’s approach to domestic-violence cases after criticism of a concluded case?

Short answer Yes. The Committee treated the proposed statement as a permitted public explanation of court procedures and law-related matters after the case had concluded.
Bar
JUDICIAL-IL
Issued
April 21, 1994

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This page answers the general question as of 1994. 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 Not binding precedent.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

After a domestic-violence case concluded, public criticism followed a sentencing judge’s comments. The other judges in the circuit wanted to say publicly that they supported the laws treating domestic violence as crime.

The Committee said former Rule 63A(6)’s restriction on comments about pending or impending cases did not bar public statements made in official duties or explanations of court procedures. It placed the proposed statement within that exception.

Former Rule 64A also permitted judges to speak and write about the law, legal system, and administration of justice. The opinion allowed the proposed response on that basis as well.

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 The Committee’s archive says that Code was superseded on January 1, 2023, and does not assess the effect of the 2023 Code.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 judges issue the proposed public statement?

A: Yes. The Committee treated it as an explanation of law and court procedures.

Q: Was the underlying case still pending?

A: No. The inquiry stated that the case had concluded.

Background and rules framework

The Committee considered former Illinois Supreme Court Rule 63A(6)’s public-comment restriction and exception for official statements and explanations of court procedures, together with Rule 64A’s permission for law-related speech.

Citations and references

  • Illinois Supreme Court Rules 63A(6) and 64A.

See also

Source

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