Could an Illinois judge remain liable on a former law firm’s lease extension while winding up a partnership interest?
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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.
Plain-English summary
A judge had left a partnership on election to the bench but remained liable on its office lease and was owed buyout payments. An extension would preserve the former partners’ rent yet keep the judge on the lease for three more years.
The Committee allowed the extension. It classified the lease as a business obligation rather than law practice and reviewed the former Code’s restrictions on financial dealings that impair impartiality or duties, exploit office, or cause frequent transactions with likely court participants.
The opinion noted disqualification concerning former partners and the need to minimize cases requiring recusal. On the facts, the judge’s effort to wind up the practice fit former Rule 65C(3).
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 The Committee’s page says that Code was superseded on January 1, 2023, and does not assess the effect of the 2023 Code.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 agree to the lease extension?
A: Yes, on the described former-firm arrangement.
Q: Did remaining on the lease amount to practicing law?
A: No. The Committee treated it as a business lease.
Q: How did disqualification enter the analysis?
A: The Committee noted the former-partner restriction and the former Code’s aim of minimizing cases requiring recusal.
Background and rules framework
The Committee applied former Illinois Supreme Court Rules 65C(1)(c), 65C(2), and 65C(3) to the judge’s continuing financial arrangement and disposition of an old practice interest.
Citations and references
- Illinois Supreme Court Rules 65C(1)(c), 65C(2), and 65C(3).
See also
Source
- Landing page: Illinois Judicial Ethics Committee Opinion 1996-09
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