Ezel / Ethics Opinions / JUDICIAL-IL

Could an Illinois judge join the board of a charity administering a program the judge ordered defendants to attend?

Short answer No. The Committee applied former Rule 65B(1) because the organization’s program regularly figured in the judge’s proceedings, with additional concerns about fundraising solicitations and appearance.
Bar
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 Not binding precedent.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 judge hearing prostitution cases regularly imposed a bond condition requiring completion of a special program. The nonprofit administering that program invited the judge onto its board.

The Committee held that former Rule 65B(1) barred the service because the organization was involved in proceedings that ordinarily came before the judge. It also found an appearance-of-impropriety problem under Rule 62.

The nonprofit listed board members on fundraising letterhead, so the judge’s name could not appear on those solicitations under former Rule 65B(2).

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 The Committee’s page says that Code was superseded on January 1, 2023, and does not assess the effect of the 2023 Code.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 the judge join the board?

A: No. The nonprofit’s program was regularly involved in the judge’s bond orders.

Q: Could fundraising letters list the judge as a director?

A: No. The opinion separately barred using the judge’s name in those solicitations.

Background and rules framework

The Committee applied former Illinois Supreme Court Rules 62, 65B(1), and 65B(2) to board service by a judge who regularly ordered participation in the organization’s program.

Citations and references

  • Illinois Supreme Court Rules 62, 65B(1), and 65B(2).

See also

Source

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