Ezel / Ethics Opinions / JUDICIAL-IL

Did an Illinois judge have to remove a surname from a former firm’s name immediately before a contested election?

Short answer No, on the stated short-term facts. The Committee allowed temporary use of the surname, required removal of the judge’s individual name from listings, and called for firm-name removal if the judge won.
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 Not binding precedent.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 newly appointed judge had left a firm shared with the judge’s spouse but the firm still used their surname. A contested election to retain the judgeship was seven months away, and the judge expected to return to practice if defeated.

The Committee concluded that, on those facts, the short expected judicial tenure did not yet count as a substantial period requiring firm-name removal under then-current lawyer Rule 7.5(a). It considered possible financial harm from a premature name change.

The judge still had to remove the judge’s individual name from firm letterhead or office listings to avoid the appearance of continuing practice. If elected, the judge was to take immediate steps to remove the surname from the firm name.

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 The Committee’s page says that Code was superseded on January 1, 2023, and does not assess the effect of the 2023 Code.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: Was immediate firm-name removal required?

A: No, under the specific seven-month contested-election facts.

Q: Could the judge remain individually listed on firm letterhead?

A: No. The opinion called for removal of the individual listing.

Q: What if the judge won the election?

A: The Committee called for immediate steps to remove the surname from the firm name.

Background and rules framework

The Committee applied former Illinois Supreme Court Rules 65C(3) and 65F and then-current Illinois Rule of Professional Conduct 7.5(a), which addressed a judicial officeholder’s firm name during a substantial period away from practice.

Citations and references

  • Illinois Supreme Court Rules 65C(3) and 65F; Illinois Rule of Professional Conduct 7.5(a).

See also

Source

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