Could an Illinois judge lead a synagogue and present its finances before another member solicited funds?

Short answer The Committee allowed the presidency, nonfundraising stationery, and a financial presentation to members if the judge neither solicited funds nor allowed the judicial name to be used for solicitation.
Bar
JUDICIAL-IL
Issued
March 6, 1996

Apply this to your situation

This page answers the general question as of 1996. 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 Not binding precedent.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 synagogue asked a judge to serve as president, put the judge’s name on stationery not used for direct fundraising, and explain finances before another member sought donations.

The Committee allowed leadership under former Rule 65B for a religious organization not conducted for members’ economic or political advantage. It also allowed the judge’s name on stationery not used to solicit funds.

The judge could present financial information to members if the judge did not personally solicit or permit use of the judicial name to solicit. Another member could make the donation appeal. The Committee did not decide any potential constitutional religious-freedom issue.

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 The Committee’s page says that Code was superseded on January 1, 2023, and does not assess the effect of the 2023 Code.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

A: Yes, on the facts and limits described.

Q: Could nonfundraising stationery list the judge?

A: Yes, if the stationery was not used to solicit funds.

Q: Could the judge describe finances before another member appealed?

A: Yes, if the judge did not personally solicit or let the judge’s name be used for solicitation.

Background and rules framework

The Committee applied former Illinois Supreme Court Rules 65B, 65B(1), and 65B(2) to religious leadership and fundraising. It contrasted Rule 64C’s treatment of organizations promoting the law and cited IJEC Opinion 93-3.

Citations and references

  • Illinois Supreme Court Rules 64C, 65B, 65B(1), and 65B(2).
  • IJEC Opinion 93-3.

See also

Source

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