Ezel / Ethics Opinions / JUDICIAL-IL

Must an Illinois judge recuse when the judge’s spouse’s law firm will receive a referral fee from a case?

Short answer Yes if the spouse’s interest in the fee is more than de minimis and could be substantially affected by the case; the Committee called for a case-specific assessment.
Bar
JUDICIAL-IL
Issued
May 1, 2001

Apply this to your situation

This page answers the general question as of 2001. 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 Not binding precedent.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

The judge’s spouse worked at a law firm that received fees for referring cases to other firms. The question concerned cases before the judge that could produce such a referral fee.

The Committee concluded that former Rule 63C(1)(e)(iii) required disqualification if the spouse’s interest was more than de minimis and could be substantially affected by the proceeding.

It adopted a case-by-case inquiry considering the case’s financial effect on the firm, the spouse’s position in the firm, and firm size. A substantial fee at a two-person firm with the spouse as partner differed from a small fee at a 200-lawyer firm with the spouse as new associate.

Currency note

This opinion was issued in 2001 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 The Committee’s page says that Code was superseded on January 1, 2023, and does not assess the effect of the 2023 Code.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: Did every possible referral fee automatically require recusal?

A: No. The opinion required assessing whether the spouse’s interest exceeded de minimis significance.

Q: Which facts mattered?

A: The Committee listed the fee’s impact, the spouse’s firm role, and the firm’s size.

Background and rules framework

The Committee applied former Illinois Supreme Court Rule 63C(1)(e)(iii) and relied on IJEC Opinion 94-18 for a case-specific assessment of a relative’s financial interest.

Citations and references

  • Illinois Supreme Court Rule 63C(1)(e)(iii).
  • IJEC Opinion 94-18.

See also

Source

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