Ezel / Ethics Opinions / JUDICIAL-IL

Could an Illinois judge remain trustee of an unrelated client’s charitable trust and take a fee?

Short answer The Committee allowed the judge to continue as trustee of the described charitable trust under former Rule 65B, but prohibited compensation under former Rule 66.
Bar
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 Not binding precedent.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

Before becoming a judge, a lawyer became trustee of an unrelated client’s trust. It paid income to charities in the client’s memory and would distribute its remainder to a college scholarship after 15 years. The instrument allowed trustee fees.

The Committee permitted continued service under former Rule 65B’s allowance for a judge to serve as trustee of a charitable organization, subject to its limits on impartiality and judicial duties. It explained that former Rule 65D’s family-fiduciary exception concerned another category of trust and did not govern this charitable trust.

Former Rule 66 barred the judge from taking compensation for this permitted extrajudicial service, even though the trust instrument provided for a fee.

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 The Committee’s page says that Code was superseded on January 1, 2023, and does not assess the effect of the 2023 Code.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 remain trustee after taking office?

A: Yes. The Committee treated the trust as qualifying charitable service under former Rule 65B.

Q: Could the judge charge trustee fees?

A: No. The Committee applied former Rule 66’s compensation bar.

Q: Did the family-trust exception control this opinion?

A: No. The Committee discussed Rule 65D’s separate family-fiduciary provision but relied on Rule 65B for this charitable trust.

Background and rules framework

The Committee relied on former Illinois Supreme Court Rule 65B for civic and charitable trustee service and Rule 66 for the compensation bar. It distinguished Rule 65D’s permission for fiduciary service involving a family member.

Citations and references

  • Illinois Supreme Court Rules 65B, 65D, and 66.
  • IJEC Opinions 93-5, 97-5, and 97-10.

See also

Source

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