Could an Illinois judge join a school district’s appointed citizens advisory council?
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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
An elected school board appointed a seven-member council to study matters and recommend actions to the board. The role was unpaid, would not interfere with judicial duties, and was not expected to involve litigation.
The Committee nevertheless rejected the appointment. It classified the school board’s appointed council as governmental rather than a private civic body. Because the board would likely seek advice on facts or policy outside improvement of law, the legal system, or justice administration, former Rule 65G barred service.
The Committee distinguished membership on a private educational nonprofit and an elective parish school board, which involved different roles.
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 The Committee’s page says that Code was superseded on January 1, 2023, and does not assess the effect of the 2023 Code.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 accept the school board appointment?
A: No. The Committee applied former Rule 65G to this appointed council.
Q: Why did the absence of pay or expected litigation not resolve the issue?
A: The council’s governmental role in advising on school policy was the controlling concern.
Q: Was the council treated as a private civic group?
A: No. The Committee classified it as governmental because an elected board appointed it to give recommendations.
Background and rules framework
The Committee distinguished former Rule 65B on civic service from Rule 65G on government appointments dealing with fact or policy outside law and court administration. It cited IJEC Opinions 96-7, 95-10, and 95-13.
Citations and references
- Illinois Supreme Court Rules 65B and 65G, and Committee Comments to Rule 65G.
- IJEC Opinions 96-7, 95-10, and 95-13.
See also
Source
- Landing page: Illinois Judicial Ethics Committee Opinion 1996-21
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