Could an Illinois judge sell a criminal fines guide and annual updates under the judicial name and title?

Plain-English summary

A judge wrote a guide to fines and costs in criminal cases for local judges, planned statewide sales and paid annual updates, and would appear by name and judicial title. The writing and updates would occur outside regular hours.

The Committee read former Rules 64, 65C, and 66 together. It allowed law-related writing and the judge’s author identification, and treated payment for writing as permitted.

The paid arrangement still had to avoid interference with duties, doubt about impartiality, exploitation of judicial position, and frequent transactions with lawyers or others likely to appear before the judge. The inquiry disclosed no violation of those limits.

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 The Committee’s page says that Code was superseded on January 1, 2023, and does not assess the effect of the 2023 Code.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

A: Yes. The Committee permitted payment for the writing and updates on the stated facts.

Q: Could the book identify the author as a judge?

A: Yes. The Committee said former Rule 64 did not prohibit use of name and title here.

Q: Were paid-writing arrangements unrestricted?

A: No. The Committee applied former Rule 65C’s limits on impartiality, office use, duties, and frequent transactions.

Background and rules framework

Former Rule 64 permitted law-related writing, Rule 66 allowed payment for writings, and Rule 65C constrained the resulting financial activity. The Committee cited IJEC Opinion 94-15.

Citations and references

• Illinois Supreme Court Rules 64, 65C, and 66.
• IJEC Opinion 94-15.

See also

• IL Judicial Ethics Op. 1997-11: Publishing a novel

Source

• Landing page: Illinois Judicial Ethics Committee Opinion 1996-08