Ezel / Ethics Opinions / JUDICIAL-IL

Must an Illinois judge recuse when a relative within the third degree is sued only in an official capacity?

Short answer Yes. The Committee applied former Rule 63C(1)(e)(i) even where the relative had no direct involvement or firsthand knowledge, while noting that parties could remit disqualification under Rule 63D.
Bar
JUDICIAL-IL
Issued
September 19, 2003

Apply this to your situation

This page answers the general question as of 2003. 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 Not binding precedent.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 judge’s relative within the third degree headed a government agency and was frequently named as a defendant in an official capacity, generally without firsthand involvement in the disputes.

The Committee found that former Rule 63C(1)(e)(i) made the relative a party for disqualification purposes. It declined to create an official-capacity exception even where the relative lacked direct involvement or knowledge.

The Committee said the judge could consider offering the parties an opportunity to remit the disqualification under former Rule 63D if the judge believed impartial decision-making was possible.

Currency note

The Committee’s page states that this opinion interprets the 1993 Illinois Code of Judicial Conduct, which was superseded on January 1, 2023. It does not assess whether the 2023 Code changes the analysis. Verify the current Code before relying on it.

In practice

The holding turned on the relative’s party status, not the extent of personal involvement in the underlying government dispute.

Common questions

Q: Did official-capacity status remove the disqualification?

A: No. The Committee found no exception in the former rule.

Q: Did a lack of firsthand knowledge change the result?

A: No. The conclusion said disqualification applied regardless.

Q: Could parties remit the disqualification?

A: The Committee pointed to the former Rule 63D remittal procedure.

Background and rules framework

The Committee applied former Illinois Supreme Court Rules 63C(1)(e)(i) and 63D. It considered Rule 63C(1)(e)(iii) while rejecting an unwritten exception for official-capacity suits.

Citations and references

  • Illinois Supreme Court Rules 63C(1)(e)(i), 63C(1)(e)(iii), and 63D.

See also

Source

What do the rules say today, for your facts?

This opinion is from 2003. Ezel checks the current rules of professional conduct in your state against your situation and cites the rules it relies on.

Opens in Ezel Pro.

  • Checks the law as it stands today, not only this page
  • Cites every source it relies on, so you can verify it
  • Chat, drafting and research in one workspace