Could an Illinois family judge serve on a nonprofit board promoting responsible fatherhood?
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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 family judge was invited to join a nonprofit board promoting responsible fatherhood. The group did not advocate for fathers in court, offer court services, or take political positions; the judge would not solicit support, and board meetings were held in the evening.
The Committee found that the stated facts satisfied former Rule 65B’s limits on civic and charitable board service. It saw no indicated court proceedings, conflict with judicial duties, fundraising through the judge, or adverse effect on impartiality.
The opinion said permission under Rule 65B did not displace former Rules 61 and 62, which governed judicial integrity, public confidence, and lending office prestige to private interests. Nothing presented suggested those rules would be violated.
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The Committee’s page states that this opinion interprets the 1993 Illinois Code of Judicial Conduct, which was superseded on January 1, 2023.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 Committee tied its conclusion to the group’s program-oriented work and the judge’s nonparticipation in solicitation; it distinguished groups engaged in court advocacy or proceedings.
Common questions
Q: Did the organization’s focus on fathers itself bar the judge?
A: No. The Committee described its programs as service oriented rather than partisan or legal advocacy.
Q: Could the judge solicit funds for the group?
A: No. The stated facts excluded personal solicitation and use of the judge’s name for that purpose.
Q: Was Rule 65B the only applicable rule?
A: No. The opinion also considered former Rules 61 and 62.
Background and rules framework
The Committee applied former Illinois Supreme Court Rules 61, 62, and 65B, including the Rule 65B restrictions on judicial roles in civic organizations. It discussed IJEC Opinion 97-13 and other committee opinions about nonprofit board service.
Citations and references
- Illinois Supreme Court Rules 61, 62A, 62B, and 65B.
- IJEC Opinions 97-3, 97-13, 97-15, 98-1, 98-5, 99-4, 00-1, and 01-10.
See also
Source
- Landing page: Illinois Judicial Ethics Committee Opinion 2005-05
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