Ezel / Ethics Opinions / JUDICIAL-IL

Could an Illinois judge participate as a judge in a teen court diversion program?

Short answer The Committee allowed an advisory or supervisory role but barred the judge from deciding guilt or sanctions; later prosecution of the same youth might require disqualification.
Bar
JUDICIAL-IL
Issued
November 16, 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 Not binding precedent.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 was asked to portray a judge in a teen court diversion program. The Committee concluded that involvement could fit former Rules 64 and 65B when the judge merely supervised or advised the youth participants.

It barred a role in which the judge determined guilt, punishment or disposition, treating that as prohibited arbitration or mediation under former Rule 65E. Even an advisory role could lead to disqualification if a participating youth later faced prosecution arising from the same events. Numerous recusals could also interfere with the judge's ordinary judicial duties.

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The Committee’s page states that this opinion interprets the 1993 Illinois Code of Judicial Conduct, which was superseded on January 1, 2023.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 limited permissible participation to advisory or supervisory work and identified potential later recusal from related juvenile matters.

Common questions

Q: Could the judge decide guilt or sanctions in teen court?

A: No. The Committee treated that role as prohibited arbitration or mediation.

Q: Could the judge serve as an advisor?

A: Yes, subject to impartiality, judicial-duty and potential recusal concerns described in the opinion.

Background and rules framework

The Committee applied former Illinois Supreme Court Rules 64, 65B and 65E to extracurricular service, and Rules 63C and 63D to later disqualification or remittal.

Citations and references

  • Illinois Supreme Court Rules 63C, 63D, 64, 65B and 65E.
  • 705 ILCS 405/5-315; Delaware Judicial Ethics Advisory Opinion 2001-01; Texas Committee on Judicial Conduct Opinion 273 (2001).

See also

Source

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