Could an Illinois judge hear a case involving the lawyer currently representing the judge’s estranged spouse?

Short answer The Committee found the judge disqualified, allowed remittal absent personal bias after disclosure, and permitted ministerial or agreed orders while parties considered waiver.
Bar
JUDICIAL-IL
Issued
September 7, 2007

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This page answers the general question as of 2007. 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 Not binding precedent.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 in a pending divorce learned that the lawyer representing the judge's spouse would regularly appear in the judge's new rural-county assignment. The judge reported no personal bias against the lawyer.

The Committee concluded that impartiality might reasonably be questioned under former Rule 63C(1), so the judge was disqualified from the lawyer's cases. Because no personal bias or prejudice was reported, the judge could disclose the basis on the record and allow the parties and lawyers to consider remittal outside the judge's presence under Rule 63D.

While they considered remittal, the opinion allowed ministerial or agreed orders such as scheduling or continuing a hearing.

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The Committee’s page states that this opinion interprets the 1993 Illinois Code of Judicial Conduct, which was superseded on January 1, 2023.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 ongoing representation as disqualifying while allowing the former Code’s remittal process and interim nonfinal procedural orders.

Common questions

Q: Did the lawyer’s current representation of the spouse require disqualification?

A: Yes. The Committee said an informed observer could reasonably question impartiality.

Q: Could the parties waive the disqualification?

A: Yes, under the Rule 63D process described, because the judge reported no personal bias.

Q: Could the judge schedule a hearing during that process?

A: Yes. The Committee allowed ministerial or agreed interim orders.

Background and rules framework

The Committee applied former Illinois Supreme Court Rules 63C(1) and 63D and discussed IJEC Opinions 95-02 and 96-22.

Citations and references

  • Illinois Supreme Court Rules 63C(1) and 63D.
  • IJEC Opinions 95-02 and 96-22.

See also

Source

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