Could a noncandidate Illinois judge speak about court cases at a political party Lincoln Day dinner?

Short answer The Committee allowed the speech only if the dinner was a community event without a fundraising component and the speech did not compromise judicial independence or integrity.
Bar
JUDICIAL-IL
Issued
September 16, 1996

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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.

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 Not binding precedent.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 noncandidate judge was invited to speak about domestic violence cases at a political party’s Lincoln Day dinner held outside the election season.

The Committee made the event’s financial purpose decisive. A community dinner charging only enough to cover food and publicity could host a speech on the legal system if judicial independence and integrity were preserved.

If the party retained any money above event costs, the dinner had a fundraising component. The Committee treated even a nonpolitical speech there as speaking on behalf of the party, prohibited for a noncandidate judge under former Rule 67A(1)(c).

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 The Committee’s page says that Code was superseded on January 1, 2023, and does not assess the effect of the 2023 Code.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 speak at a community dinner?

A: Yes, if the dinner was not a fundraiser and the speech did not compromise judicial independence or integrity.

Q: Did the speech topic settle the issue?

A: No. The Committee said the same topic could be impermissible at a fundraising event.

Q: What if the party kept money beyond event costs?

A: The Committee treated any fundraising component as barring the noncandidate judge’s speech.

Background and rules framework

The Committee applied former Illinois Supreme Court Rules 67A(1)(c), 67B(1), and 67C. It distinguished permitted attendance at a political gathering from making a speech on behalf of a political organization.

Citations and references

  • Illinois Supreme Court Rules 67A(1)(c), 67B(1), and 67C.

See also

Source

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