May a sitting Illinois judge advertise future mediator or arbitrator services before retirement?

Short answer No. The Committee barred advertising future mediation or arbitration availability while the judge still served on the bench.
Bar
JUDICIAL-IL
Issued
October 12, 2006

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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.

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 Not binding precedent.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 planned to retire on December 5 and work for a commercial mediation and arbitration service starting December 6. The service proposed display advertisements and a mailing to lawyers about three weeks before retirement.

The Committee concluded that a sitting judge could not advertise future availability as a mediator or arbitrator. It applied former Rule 62B, which barred lending judicial prestige to private interests.

The Committee also found that using the judge’s name and title to solicit future business raised concerns about impartiality if the service or its agents contacted litigants or lawyers appearing before the judge.

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The Committee’s page states that this opinion interprets the 1993 Illinois Code of Judicial Conduct, which was superseded on January 1, 2023.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 conclusion addressed advertising while the judge was still serving. The opinion did not decide what the retired judge could advertise after leaving office.

Common questions

Q: Would advertising by the future mediation service change the result?

A: No. The proposed service advertisements and lawyer mailing were the conduct the Committee rejected.

Q: Did the proposed start date after retirement change the result?

A: No. The concern was solicitation of future business before judicial service ended.

Background and rules framework

The Committee applied former Illinois Supreme Court Rule 62B. It also cited Illinois Rule of Professional Conduct 1.12 and PepsiCo v. McMillen, 764 F.2d 458 (7th Cir. 1985), while discussing employment contacts and judicial impartiality.

Citations and references

  • Illinois Supreme Court Rule 62B; Illinois Rule of Professional Conduct 1.12.
  • PepsiCo v. McMillen, 764 F.2d 458 (7th Cir. 1985).
  • IJEC Opinions 04-01 and 98-4.

See also

Source

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