Could an Illinois judge serve on the board of the cooperative where the judge lived?

Short answer The Committee allowed board service as an incident of real-estate ownership if the association was not a civic body; if civic, former Rule 65B’s nonprofit, litigation, and fundraising restrictions governed.
Bar
JUDICIAL-IL
Issued
August 1, 1995

Apply this to your situation

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.

Disclaimer: Advisory only. Not binding precedent.
About this page: The plain-English summary, reader guidance, and Q&A below were written by Ezel based on the official ethics opinion. The original opinion (linked on this page) is the authoritative source for any reliance.

Plain-English summary

A judge lived in a cooperative apartment building and had been elected to its tenant-shareholder board. Membership followed residence, and leases depended on shares in the cooperative.

The Committee distinguished building management from civic activity. If the association did not act as a civic organization, board work could be an activity incident to the judge’s real-estate investment under former Rule 65C(2).

If the association did undertake civic activity, former Rule 65B imposed additional limits: no member economic or political advantage, no likely case before the judge or regular adversary litigation, and no judicial fundraising or legal-adviser role.

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 The Committee’s page says that Code was superseded on January 1, 2023, and does not assess the effect of the 2023 Code.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 serve on the cooperative board?

A: Yes, subject to the nature of the association’s activities and the applicable Code restrictions.

Q: What if the board only managed the building?

A: The Committee treated that as incident to real-estate ownership under former Rule 65C(2).

Q: What if the association engaged in civic activity?

A: The Committee applied former Rule 65B’s litigation, fundraising, and member-benefit limits.

Background and rules framework

The Committee considered former Illinois Supreme Court Rule 65C(2) for investment management and Rules 65B, 65B(1), and 65B(2) if the cooperative was a civic organization.

Citations and references

  • Illinois Supreme Court Rules 65B, 65B(1), 65B(2), 65C(1), and 65C(2).
  • New Hampshire Opinion 78-1 and New York Opinion 89-133.

See also

Source

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