Could an Illinois judge play violin with an orchestra or at weddings and accept an honorarium?
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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.
Plain-English summary
A judge played violin with a local symphony and at weddings. The performances did not interfere with judicial duties, but union rules or fellow musicians could make refusal of payment difficult.
The Committee found the musical activity permissible under former Rule 65A because it did not interfere with judicial functions. It distinguished a permitted honorarium under Rule 66 from prohibited compensation and concluded that the judge could receive an honorarium for these performances.
The opinion applied former Rule 66A’s six-month $5,000 honorarium ceiling and its reasonableness limit. It also said it would be inappropriate for the judge to perform a wedding ceremony when receiving an honorarium for the music.
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 The Committee’s page says that Code was superseded on January 1, 2023, and does not assess the effect of the 2023 Code.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 play violin at weddings?
A: Yes, where the performance did not interfere with judicial duties.
Q: Could the judge accept money for playing?
A: The Committee permitted an honorarium, subject to the former Code’s limits, including a six-month $5,000 ceiling.
Q: Could the judge officiate at a wedding where the judge received a music honorarium?
A: The Committee said that would be inappropriate.
Background and rules framework
The Committee relied on former Illinois Supreme Court Rules 62A and 65A for permissible arts activity and Rule 66 for the distinction between compensation and honoraria. It quoted former Rule 66A’s reasonable-amount and six-month ceiling and cited IJEC Opinions 95-18, 95-23, 96-11, and 96-26.
Citations and references
- Illinois Supreme Court Rules 62A, 65A, 66, and 66A.
- IJEC Opinions 95-18, 95-23, 96-11, and 96-26.
See also
Source
- Landing page: Illinois Judicial Ethics Committee Opinion 1997-12
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