Could an Illinois judge become trustee of a charitable foundation that invests funds and makes grants?
Apply this to your situation
This page answers the general question as of 1997. 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 foundation created by a will sought a judge as trustee to oversee investments and grants. The judge did not believe the work would affect impartiality or interfere with judicial duties.
The Committee allowed trusteeship under former Rule 65B if the foundation did not operate for members’ economic or political advantage and was not likely to appear before the judge or regularly litigate in any court. Service also had to preserve impartiality and leave judicial duties unaffected.
The Committee distinguished former Rule 65D’s restriction on personal fiduciary service, which it said did not apply to this charitable foundation.
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 The Committee’s page says that Code was superseded on January 1, 2023, and does not assess the effect of the 2023 Code.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 serve as trustee?
A: Yes, if the foundation and the judge’s service met former Rule 65B’s conditions.
Q: What litigation could prevent service?
A: Likely proceedings before the judge or regular adversary proceedings in any court.
Q: Did the family-fiduciary rule govern?
A: No. The Committee said former Rule 65D did not apply to this charitable-foundation trusteeship.
Background and rules framework
The Committee relied on former Illinois Supreme Court Rules 65B and 65B(1) governing charitable service and litigation exposure. It distinguished Rule 65D’s personal fiduciary limit and cited IJEC Opinions 93-5 and 97-9.
Citations and references
- Illinois Supreme Court Rules 65B, 65B(1), and 65D.
- IJEC Opinions 93-5 and 97-9.
See also
Source
- Landing page: Illinois Judicial Ethics Committee Opinion 1997-05
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