May an Illinois judge serve on a bank’s advisory board of directors?
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This page answers the general question as of 2006. 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 bank asked a judge to join an advisory board that met quarterly, paid $250 per meeting, and helped its president plan expansion of services. The board could not approve loans or investments or govern the bank.
The Committee concluded that former Rule 65C(2) prohibited the role. Calling a board advisory did not avoid the bar on service as a director or on another body furthering a business’s commercial purpose.
The payment did not change the conclusion: the Committee said both paid and unpaid business directorships were barred. It separately discussed compensation limits under former Rule 66 and restrictions on business dealings under Rule 65C(1).
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The Committee’s page states that this opinion interprets the 1993 Illinois Code of Judicial Conduct, which was superseded on January 1, 2023.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 board’s commercial purpose and the judge’s role as decisive, regardless of the lack of loan approval power or the $250 meeting payment.
Common questions
Q: Did the board’s lack of governing power permit service?
A: No. The Committee found the advisory label did not avoid the rule.
Q: Was the $250 payment the reason for the prohibition?
A: No. It said compensated and uncompensated business directorships were prohibited.
Q: Could an honorary bank board title change the analysis?
A: No. The Committee said Rule 65C(2) had no advisory or honorary board exception.
Background and rules framework
The Committee applied former Illinois Supreme Court Rules 65C(1), 65C(2), and 66. It cited IJEC Opinion 97-7 and ABA ethics opinions addressing bank directorships.
Citations and references
- Illinois Supreme Court Rules 65C(1), 65C(2), and 66.
- IJEC Opinion 97-7; ABA Formal Opinion 254 and Informal Opinion 1385.
See also
Source
- Landing page: Illinois Judicial Ethics Committee Opinion 2006-01
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