Could an Illinois judge on Army reserve duty give legal advice and receive military pay?

Short answer The Committee said a judge recalled for Judge Advocate General reserve duty could give legal advice, serve on military courts, prepare documents for personnel, and be paid by the military.
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JUDICIAL-IL
Issued
May 7, 1997

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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 Not binding precedent.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 in an Army Reserve unit and spent two weeks per year on active duty. The inquiry asked whether assigned Judge Advocate General work amounting to law practice, and military pay for that work, were permitted.

The Committee relied on former Rule 76’s allowance for military service and federal recall authority. It concluded that, after a recall to active duty, state judicial rules did not restrict military assignments. The opinion’s digest identified legal advice, military court service, and preparation of wills, leases, and other documents for personnel as permitted assigned work.

The Committee concluded that former Rules 63A(5), 65F, and 66 did not prevent this active-duty work or military pay.

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 The Committee’s page says that Code was superseded on January 1, 2023, and does not assess the effect of the 2023 Code.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 recalled judge give legal advice to service members?

A: Yes. The Committee allowed legal work assigned during active reserve duty.

Q: Could the judge serve on military courts and prepare documents?

A: Yes. The opinion’s digest identified both as permitted JAG duties.

Q: Could the judge receive military pay?

A: Yes. The Committee said former Rule 66 did not bar payment by the military in this setting.

Background and rules framework

The Committee cited U.S. Constitution Article VI, 38 U.S.C. §§ 4301–33, and former Illinois Supreme Court Rules 63A(5), 65F, 66, and 76. It treated federal recall authority as controlling the active-duty assignment.

Citations and references

  • U.S. Constitution, Article VI.
  • 38 U.S.C. §§ 4301–33.
  • Illinois Supreme Court Rules 63A(5), 65F, 66, and 76.

See also

Source

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