Could an Illinois judge appear without counsel in another state over the judge’s own property?
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.
Plain-English summary
A judge’s property in another state became the subject of litigation there. The judge asked whether personal appearance without counsel was permitted.
The Committee said representing only one’s own interest was not law practice barred by former Rule 65F. It required the judge to avoid direct or indirect representation of others and exploitation of judicial position, including care in identifying as a judge.
Former Rules 65C(2) and 65C(3) permitted investment ownership while encouraging management that minimized future disqualification. The property’s location outside Illinois reduced that concern on these facts.
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 The Committee’s page says that Code was superseded on January 1, 2023, and does not assess the effect of the 2023 Code.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 appear pro se?
A: Yes, for the judge’s own property interest.
Q: Could the judge also represent another owner?
A: No. The Committee limited the permission to the judge’s own interests.
Q: Could the judge invoke judicial status in the case?
A: The opinion barred exploitation of office and called for care in identifying as a judge.
Background and rules framework
The Committee applied former Illinois Supreme Court Rules 65C(1), 65C(2), 65C(3), and 65F to property interests, office use, and personal representation.
Citations and references
- Illinois Supreme Court Rules 65C(1), 65C(2), 65C(3), and 65F.
See also
Source
- Landing page: Illinois Judicial Ethics Committee Opinion 1995-16
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