Could an Illinois circuit judge apply for a public defender appointment made by fellow judges?

Plain-English summary

A sitting circuit judge sought a part-time public defender post to be filled by appointment of other circuit judges. The applicant would resign judicial office if selected.

The Committee said former Rule 67A(2)’s restriction on candidacy for nonjudicial office did not require resignation before applying for this appointed post. Resigning when appointed would avoid overlap with judicial service.

The other judges could make the appointment as part of their administrative duties, absent bias or another conflict. Former Rule 63B(4) required an appointment based on merit rather than nepotism or favoritism.

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 The Committee’s archive says that Code was superseded on January 1, 2023, and does not assess the effect of the 2023 Code.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 the judge need to resign before applying?

A: No. The Committee distinguished applying for appointment from candidacy in an election.

Q: Could fellow judges appoint the applicant?

A: Yes, absent bias or another conflict, if they exercised the appointment power on merit.

Q: When would the applicant leave judicial office?

A: The opinion contemplated resignation when the judge was appointed to the nonjudicial role.

Background and rules framework

The Committee read former Rule 67A(2) in light of an appointment rather than an election. It also applied Rules 63, 63B(1), and 63B(4) to the appointing judges’ administrative duties and merit-based selection.

Citations and references

• Illinois Supreme Court Rules 63, 63B(1), 63B(4), and 67A(2).

See also

• IL Judicial Ethics Op. 1994-20: Victim Impact Panel board

Source

• Landing page: Illinois Judicial Ethics Committee Opinion 1994-14