Ezel / Ethics Opinions / JUDICIAL-IL

Could an Illinois judge accept a gift instead of cash for officiating a friend’s wedding outside court hours?

Short answer No. The Committee barred any personal fee, gift, gratuity, or compensation for solemnizing a marriage regardless of relationship, time, or place; the former Rule 40 clerk fee was different.
Bar
JUDICIAL-IL
Issued
September 13, 1995

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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.

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 Not binding precedent.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 friend asked a judge to officiate a Saturday wedding at a country club and offered money, then a gift when the judge declined cash.

The Committee said neither money nor a noncash gift could be accepted in return for the ceremony, regardless of friendship or when and where it occurred. Former Rule 40 allowed only a limited fee collected by the clerk for a court marriage fund, not a personal payment to the judge.

The opinion also applied former Rule 66 and the Illinois Constitution’s salary provision. It rejected the ordinary gift rule because the proposed item was payment for an official act.

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 The Committee’s page says that Code was superseded on January 1, 2023, and does not assess the effect of the 2023 Code.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

A: No. The Committee treated the gift as payment for solemnizing the marriage.

Q: Did a weekend ceremony outside the courthouse change the answer?

A: No. The opinion said time and place did not matter.

Q: Was the former clerk-collected marriage fee personal compensation?

A: No. The opinion distinguished that court fee from a gift or payment to the judge.

Background and rules framework

The Committee applied former Illinois Supreme Court Rules 40 and 66 and Illinois Constitution Article VI, § 14. It discussed Rule 65C(4)(c) but found that provision inapplicable to a gift for official wedding service.

Citations and references

  • Illinois Supreme Court Rules 40, 65C(4)(c), and 66.
  • Illinois Constitution, Article VI, § 14.
  • In re Associate Judge Lewis V. Morgan, Jr., 2 Ill. Cts. Com. 75 (1985).
  • In re Associate Judge Duane G. Walter, 2 Ill. Cts. Com. 83 (1985).

See also

Source

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