Ezel / Ethics Opinions / JUDICIAL-IL

Could a nonjudge judicial candidate put “Circuit Judge” after the candidate’s name in campaign materials?

Short answer No, if the presentation implied the candidate already held judicial office or was running for retention rather than election.
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JUDICIAL-IL
Issued
April 8, 1998

Apply this to your situation

This page answers the general question as of 1998. 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 Not binding precedent.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 candidate who was not a judge proposed campaign buttons and literature showing the candidate’s name followed by “Circuit Judge.”

The Committee concluded that materials giving voters the impression the candidate already held that office would misrepresent the candidate’s present position under former Rule 67A(3)(d)(ii).

It cited In re Tully, where an advertisement had misleadingly suggested a circuit judge was already an appellate judge and running for retention.

Currency note

This opinion was issued in 1998 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 The Committee’s page says that Code was superseded on January 1, 2023, and does not assess the effect of the 2023 Code.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 a nonjudge put “Circuit Judge” after the name?

A: Not in a way that fairly suggested the candidate already held the office.

Q: Did the rule also address election versus retention?

A: Yes. The Committee said materials could not misleadingly suggest a retention campaign.

Background and rules framework

The Committee applied former Illinois Supreme Court Rules 67A(3)(d)(ii) and 67B(1)(c), citing In re Tully, 2 Ill. Cts. Com. 150 (1991).

Citations and references

  • Illinois Supreme Court Rules 67A(3)(d)(ii) and 67B(1)(c).
  • In re Tully, 2 Ill. Cts. Com. 150 (1991).

See also

Source

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