Could an Illinois judge confidentially assess another judge’s qualifications for a bar association evaluation?
Apply this to your situation
This page answers the general question as of 1999. 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 bar association asked a judge for a confidential assessment of a fellow judge’s qualifications for retention or elective office. It would combine such input into a public evaluation or rating.
The Committee concluded that a confidential opinion on qualifications was not a public endorsement prohibited by former Rule 67. The bar association’s final rating reflected many inputs and did not transform an individual confidential answer into an indirect endorsement.
The opinion distinguished confidential responses from public service on a judicial evaluation committee and found no conflict with former Rule 62A on public confidence.
Currency note
This opinion was issued in 1999 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 The Committee’s page says that Code was superseded on January 1, 2023, and does not assess the effect of the 2023 Code.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 answer the bar association privately?
A: Yes. The opinion permitted confidential assessment of the fellow judge’s qualifications.
Q: Was the response a public endorsement?
A: No. The Committee distinguished a confidential answer from public support or opposition.
Q: Did the eventual public rating change the result?
A: No. It said the rating combined many factors and did not necessarily reflect the judge’s individual response.
Background and rules framework
The Committee applied former Illinois Supreme Court Rules 62A and 67A(1)(b), discussing the election exception in Rule 67B(1)(b)(iv). It cited IJEC Opinion 94-11.
Citations and references
- Illinois Supreme Court Rules 62A, 67A(1)(b), and 67B(1)(b)(iv).
- IJEC Opinion 94-11.
See also
Source
- Landing page: Illinois Judicial Ethics Committee Opinion 1999-08
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