Ezel / Ethics Opinions / JUDICIAL-IL

Could an Illinois judge publish a novel with legal issues and use the judicial title as author?

Short answer The Committee permitted the judge to publish the novel, receive payment, and use the judge’s name and title if the writing met the former Code’s limits on judicial duties, impartiality, exploitation, and transactions with likely court participants.
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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 Not binding precedent.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 wrote a novel whose plot included legal issues. The judge planned to use the judicial name and title as author, wrote outside regular business hours, and used no government resources.

The Committee read former Rules 65A, 65C, and 66 together to allow payment for writing if it did not interfere with judicial duties, impair apparent impartiality, exploit office, or cause frequent transactions with lawyers or others likely to appear before the judge.

On the described facts, it permitted publication, payment, and the judge’s actual name and title. It distinguished a prohibited judicial appraisal of another legal work from a previously approved legal guide sold statewide.

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 The Committee’s page says that Code was superseded on January 1, 2023, and does not assess the effect of the 2023 Code.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 receive payment for the novel?

A: Yes, assuming the writing did not violate the limits the Committee identified under former Rules 65A, 65C, and 66.

Q: Could the book identify the author as a judge?

A: Yes. The Committee allowed the judge’s actual name and title for this novel.

Q: Did the novel’s legal plot automatically bar publication?

A: No. The opinion allowed publication on the stated facts and conditions.

Background and rules framework

The Committee applied former Illinois Supreme Court Rules 65A, 65C, and 66 to a judge’s paid writing and cited IJEC Opinions 94-15 and 96-8 as examples of prohibited and permitted publication activity.

Citations and references

  • Illinois Supreme Court Rules 65A, 65C, and 66.
  • IJEC Opinions 94-15 and 96-8.

See also

Source

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