Ezel / Ethics Opinions / JUDICIAL-IL

Could an Illinois judge who was not a candidate write a newspaper letter calling judicial candidates qualified?

Short answer No. The Committee treated a public statement that a candidate was qualified as an endorsement barred by former Rule 67A(1), even if it named both candidates.
Bar
JUDICIAL-IL
Issued
April 8, 1998

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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 Not binding precedent.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 nonjudge candidate rated not qualified by a bar association asked a sitting judge, who was not running, to write a letter to the editor saying both candidates were qualified.

The Committee concluded that publicly declaring a candidate qualified expressed approval and therefore was a public endorsement prohibited by former Rule 67A(1). Including both candidates did not change the result.

It also rejected relabeling the letter as a judicial evaluation, citing the former Code’s restriction on a noncandidate judge’s public evaluation of judicial candidates.

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 The Committee’s page says that Code was superseded on January 1, 2023, and does not assess the effect of the 2023 Code.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: Would praising both candidates avoid an endorsement?

A: No. The Committee said endorsing one, some, or all candidates was still prohibited.

Q: Could the judge call the letter an evaluation instead?

A: No. The opinion treated the positive public assessment as an endorsement.

Background and rules framework

The Committee applied former Illinois Supreme Court Rules 62 and 67A(1) and cited IJEC Opinions 94-11 and 96-15 on public political endorsements and judicial evaluations.

Citations and references

  • Illinois Supreme Court Rules 62A and 67A(1).
  • IJEC Opinions 94-11 and 96-15.

See also

Source

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