Ezel / Ethics Opinions / JUDICIAL-IL

Could an Illinois judge accept a nonprofit’s honor when its caseworkers regularly testified before the judge?

Short answer No. The Committee found that even a nonfundraising honor could reasonably undermine confidence in impartiality when the group’s employees regularly appeared as advocates before the judge.
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 Not binding precedent.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

A nonprofit providing child welfare case management planned to honor a judge at an event without fundraising. Its employees regularly testified in adversary cases before that judge.

The Committee applied former Rules 62A and 65B and concluded that a reasonable observer could question the judge’s impartiality if the judge accepted recognition from an organization whose staff regularly advocated before the court.

The opinion said the group’s potentially laudable mission, modest event, and lack of financial benefit did not remove that appearance concern on the stated facts.

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 The Committee’s page says that Code was superseded on January 1, 2023, and does not assess the effect of the 2023 Code.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 the absence of fundraising permit the honor?

A: No. The Committee’s concern was the organization’s regular appearances before the judge.

Q: Did the lack of an honorarium change the result?

A: No. It said even a nonfinancial honor could reduce confidence in impartiality.

Background and rules framework

The Committee applied former Illinois Supreme Court Rules 62A and 65B to an honor from an organization involved in proceedings before the judge. It discussed IJEC Opinion 93-4 and cited IJEC Opinion 98-5.

Citations and references

  • Illinois Supreme Court Rules 62A and 65B.
  • IJEC Opinions 93-4 and 98-5.

See also

Source

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