Could Illinois judges publicly explain their court’s approach to domestic-violence cases after criticism of a concluded case?
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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.
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 The Committee’s archive says that Code was superseded on January 1, 2023, and does not assess the effect of the 2023 Code.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
- Landing page: Illinois Judicial Ethics Committee Opinion 1994-08
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