Ezel / Ethics Opinions / JUDICIAL-IL

Could an Illinois judge serve as director and treasurer of a nonprofit supporting school programs?

Short answer The Committee allowed unpaid director and treasurer service for the described educational nonprofit, subject to former Rule 65B limits on member advantage, litigation, and fundraising use of the judge’s name.
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JUDICIAL-IL
Issued
May 7, 1997

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.

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 Not binding precedent.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 judge served without pay as director and treasurer of a nonprofit that channeled financial support to school-district educational programs. It neither advised the district nor recommended policy or facts.

The Committee allowed this service under former Rule 65B. It identified limits if the nonprofit served members’ economic or political advantage, was likely to appear before the judge or litigated regularly in any court, or used the judge’s name to solicit funds. The judge’s name also could not appear on solicitation stationery.

The Committee distinguished IJEC Opinion 96-21 because this nonprofit did not make recommendations or give advice to the district or its governing body.

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 The Committee’s page says that Code was superseded on January 1, 2023, and does not assess the effect of the 2023 Code.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

A: Yes, on the stated nonprofit facts and subject to former Rule 65B’s limits.

Q: Could fundraising stationery use the judge’s name?

A: No. The Committee barred the judge’s name on stationery used to solicit funds.

Q: Why did a prior school-related opinion not control?

A: The Committee distinguished Opinion 96-21 because this nonprofit did not advise or make recommendations to the school district.

Background and rules framework

Former Illinois Supreme Court Rule 65B permitted educational nonprofit officer or director service, while Rules 65B(1) and 65B(2) limited litigation exposure and fundraising use of a judge’s name. The Committee cited IJEC Opinion 96-21.

Citations and references

  • Illinois Supreme Court Rules 65B, 65B(1), and 65B(2).
  • IJEC Opinion 96-21.

See also

Source

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