Could an Illinois judge write a defendant’s sentencing reference at defense counsel’s request?

Plain-English summary

A defense lawyer asked a judge to write a character letter for a defendant’s federal sentencing hearing.

The Committee treated a voluntary written reference as akin to voluntary character testimony: it could inject the prestige of judicial office into the case. Former Rule 62B therefore barred a letter initiated by the defendant or lawyer.

A formal request from the sentencing judge or a probation or corrections official would permit the judge to provide information for the record. The opinion also noted that a subpoena would require court testimony.

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 The Committee’s page says that Code was superseded on January 1, 2023, and does not assess the effect of the 2023 Code.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: Could the judge write at defense counsel’s request?

A: No. The Committee barred that voluntary letter.

Q: What formal request allowed a letter?

A: A request from the sentencing court or probation or corrections official involved in the case.

Q: Could defense counsel ask the sentencing official to request one?

A: Yes. The opinion distinguished that sequence from counsel directly obtaining a voluntary letter.

Background and rules framework

The Committee applied former Illinois Supreme Court Rule 62B’s bar on lending judicial prestige to private interests and voluntary character testimony. It cited In re Fogan and the 1990 ABA Model Code commentary.

Citations and references

• Illinois Supreme Court Rule 62B and Committee Commentary.
• In re Fogan, 646 So. 2d 191 (Fla. 1994).
• New York Advisory Opinion 89-73.

See also

• IL Judicial Ethics Op. 1996-02: Neighbor fellowship letter

Source

• Landing page: Illinois Judicial Ethics Committee Opinion 1995-12