May an Illinois judge explain court procedures to groups of children who may testify?
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This page answers the general question as of 2005. 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 child advocacy center proposed a program explaining courtroom roles and procedures to groups of children who might testify in civil or criminal cases. A judge would meet them in the courtroom, but would not regularly hear cases involving child witnesses.
The Committee permitted judicial participation under former Rules 62A and 64C if the program was generic, available to witnesses for all parties, and did not focus on any child or case. The judge could not rehearse testimony or answer questions about a particular matter.
The Committee explained that an improperly limited program could affect witness demeanor and the assessment of credibility, undermining confidence in court impartiality. It recommended, without requiring, a script and use of judges who did not regularly hear cases involving child witnesses.
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The Committee’s page states that this opinion interprets the 1993 Illinois Code of Judicial Conduct, which was superseded on January 1, 2023.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 allowed general court education while excluding witness preparation and case-specific discussion.
Common questions
Q: Could the judge rehearse a child’s testimony?
A: No. The opinion barred judicial participation in any rehearsal or role-playing.
Q: Could only prosecution witnesses attend?
A: No. The program had to be open to potential witnesses for all parties.
Q: Was a script mandatory?
A: No. The Committee recommended it to help keep the presentation within the stated limits.
Background and rules framework
The Committee applied former Illinois Supreme Court Rule 64C to public education about the legal system and Rule 62A to impartiality concerns. It cited IJEC Opinion 98-1.
Citations and references
- Illinois Supreme Court Rules 62A and 64C.
- IJEC Opinion 98-1.
See also
Source
- Landing page: Illinois Judicial Ethics Committee Opinion 2005-03
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