Could an Illinois judge write a paid book appraisal for a publisher to use in advertising?
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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
A publisher offered a judge $200 to write a short appraisal of a book that the publisher might use to promote sales.
The Committee distinguished an appraisal intended primarily to promote the book from a review written to inform readers about a contribution to legal or general literature. It said the requested promotional appraisal was prohibited by former Rule 62B’s ban on lending judicial prestige to private interests.
A review in a newspaper or journal could be permissible even if the publication paid the judge or the publisher later quoted it in advertising, because the review’s initial purpose would be to inform readers.
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 The Committee’s archive says that Code was superseded on January 1, 2023, and does not assess the effect of the 2023 Code.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 the publisher’s requested appraisal?
A: No. The Committee found its initial purpose was to promote book sales.
Q: Could a judge write a book review for a journal?
A: Yes, where the initial purpose was to inform readers about the book.
Q: Would later advertising use invalidate an independent review?
A: No. The Committee said a later promotional excerpt did not change the review’s permissible initial purpose.
Background and rules framework
Former Illinois Supreme Court Rules 64A and 65A permitted judicial writing on legal and nonlegal subjects, while Rule 62B barred use of judicial prestige to advance private interests. The Committee treated the initial purpose of the writing as decisive.
Citations and references
- Illinois Supreme Court Rules 62B, 64A, and 65A.
See also
Source
- Landing page: Illinois Judicial Ethics Committee Opinion 1994-15
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