Ezel / Ethics Opinions / JUDICIAL-IL

Could an Illinois judge teach a legal education program available only to prosecutors?

Short answer Yes, if the judge remained neutral, avoided pending matters and was willing to provide similar instruction to criminal defense lawyers.
Bar
JUDICIAL-IL
Issued
December 1, 2008

Apply this to your situation

This page answers the general question as of 2008. 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 Not binding precedent.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 traffic court judge was invited to teach a two-hour white-collar crime session for local prosecutors. The Committee concluded that former Rule 64 allowed the law-related teaching even though the audience represented one side of criminal litigation.

The opinion conditioned that answer on a neutral presentation that did not advocate for the State, discussion that excluded pending or impending cases, and the judge's willingness to offer similar programs to defense lawyers. It found no indication that the two-hour program would interfere with 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The Committee’s page states that this opinion interprets the 1993 Illinois Code of Judicial Conduct, which was superseded on January 1, 2023.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 permitted the described prosecutor education session under the stated neutrality and equal-availability conditions.

Common questions

Q: Did the one-sided audience alone bar the session?

A: No. The Committee said teaching prosecutors was permitted if the judge was available to teach competing groups.

Q: Could the judge discuss pending cases?

A: No. The opinion cited the former rule against discussing pending or impending matters.

Background and rules framework

The Committee applied former Illinois Supreme Court Rules 64 and 63A(4)(6) and discussed IJEC Opinion 94-17 on judicial teaching.

Citations and references

  • Illinois Supreme Court Rules 63A(4)(6) and 64.
  • IJEC Opinion 94-17.

See also

Source

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