Ezel / Ethics Opinions / JUDICIAL-IL

Could an Illinois judge’s spouse circulate a nonjudicial candidate’s petition, and could the judge sign it?

Short answer Yes. The Committee permitted the spouse’s independent circulation and held that the judge’s signature on the nominating petition was not a public endorsement under the former Code.
Bar
JUDICIAL-IL
Issued
November 7, 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 Not binding precedent.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 spouse wanted to circulate a nominating petition for a nonjudicial primary candidate while the judge was on the retention ballot for the upcoming general election.

The Committee concluded that former Rule 67’s judicial political restrictions did not generally govern the spouse’s independent activity. The spouse was not acting for the judge, so the spouse could circulate the petition.

The judge could also sign it. The Committee distinguished signing a nominating petition from publicly endorsing the candidate because the signature did not single out the judge from other signers. It advised omitting the judicial title to avoid an implication that office prestige supported the candidate.

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The Committee’s page states that this opinion interprets the 1993 Illinois Code of Judicial Conduct, which was superseded on January 1, 2023.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 opinion treated the spouse’s independent campaigning and the judge’s ordinary petition signature as separate acts.

Common questions

Q: Could the spouse circulate the petition?

A: Yes, while acting independently for the nonjudicial candidate.

Q: Could the judge sign it despite being on a retention ballot?

A: Yes. The Committee’s conclusion did not condition signing on being in the same election.

Q: Did signing amount to a public endorsement?

A: No. The Committee said an ordinary petition signature did not single out the judge.

Background and rules framework

The Committee interpreted former Illinois Supreme Court Rules 62B and 67, including restrictions on public endorsements and persons acting under a judicial candidate’s direction. It cited IJEC Opinion 01-09.

Citations and references

  • Illinois Supreme Court Rules 62B, 67A(1)(b), 67A(3)(b), and 67B(1)(b)(iv).
  • 10 ILCS 5/7-10.
  • IJEC Opinion 01-09.

See also

Source

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