Was an Illinois judge disqualified from criminal cases because the spouse worked as a prosecutor’s secretary?
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This page answers the general question as of 1995. 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 judge’s spouse handled clerical work and press releases in the county State’s Attorney’s Office. The judge expected later rotation onto criminal, juvenile, and traffic calendars.
The Committee found no automatic recusal from matters involving that office. The spouse was not a party or officer and had no more than a minimal interest in ordinary cases. No improper influence or sharing of disputed facts appeared in the inquiry.
If the spouse were likely to be a material witness, recusal would be required. The Committee also favored disclosure in a particular case where the relationship supported a reasonable recusal argument, though it described disclosure as nonmandatory.
Currency note
This opinion was issued in 1997 under the 1993 Illinois Code of Judicial Conduct. The Committee’s page says that Code was superseded on January 1, 2023, and does not assess the effect of the 2023 Code.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 job itself disqualify the judge from criminal cases?
A: No. The Committee rejected blanket disqualification.
Q: What if the spouse might testify in a case?
A: The opinion said recusal would be required if the spouse was likely to be a material witness.
Q: Was disclosure always required?
A: No. The Committee favored it when case-specific facts made a reasonable recusal argument relevant.
Background and rules framework
The Committee applied former Illinois Supreme Court Rules 62B, 63C(1), and 63A(4)(a) to family influence, recusal, and communications outside a case. It cited IJEC Opinion 94-18 on disclosure.
Citations and references
- Illinois Supreme Court Rules 62B, 63A(4)(a), and 63C(1).
- Illinois Supreme Court Rule 412.
- IJEC Opinion 94-18.
See also
Source
- Landing page: Illinois Judicial Ethics Committee Opinion 1995-09
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