Could an Illinois judge give a prosecutor information about a case the judge tried before taking the bench?
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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
As an assistant State’s Attorney, a person tried a case later reversed on appeal. After becoming a judge, that person was asked by the prosecutor handling the retrial for a detailed discussion of the case. The judge would not hear the retrial.
The Committee permitted the judge to give information about the former case to the prosecutor. It distinguished information owed to a former client from current legal advice, including trial strategy, which former Rule 65F barred as law practice.
The opinion said the ex parte communication and former-counsel recusal provisions did not apply because the judge would not preside over the retrial. It did not identify a prestige-of-office problem on these facts.
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 The Committee’s archive says that Code was superseded on January 1, 2023, and does not assess the effect of the 2023 Code.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 discuss the old case with the new prosecutor?
A: Yes. The Committee allowed provision of information about the case.
Q: Could the judge advise on retrial strategy?
A: No. The Committee treated current legal advice as prohibited law practice under former Rule 65F.
Q: Did the ex parte or recusal rules control this request?
A: No. The opinion said those provisions did not apply because the judge would not hear the retrial.
Background and rules framework
The Committee applied former Illinois Supreme Court Rule 65F’s prohibition on judicial law practice and distinguished case information from legal advice. It discussed Rules 63A(4) and 63C(1)(b) in light of the judge’s lack of assignment to the retrial, as well as Rules 64B and 62B.
Citations and references
- Illinois Supreme Court Rules 62B, 63A(4), 63C(1)(b), 64B, and 65F.
- Judicial Advisory Florida Opinion 75-22.
See also
Source
- Landing page: Illinois Judicial Ethics Committee Opinion 1994-19
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