Ezel / Ethics Opinions / JUDICIAL-IL

Could an Illinois judge appear with a spouse in a religious school’s student recruitment video?

Short answer Yes, under the stated facts. The Committee allowed a parent interview that did not identify the speaker as a judge and did not solicit donations or trade on judicial office.
Bar
JUDICIAL-IL
Issued
March 27, 2009

Apply this to your situation

This page answers the general question as of 2009. 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 Not binding precedent.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 private religious school wanted to interview a judge and the judge's spouse about sending their child to the school. The video would recruit students; it would identify the judge by name but not by judicial title or robe.

The Committee treated participation as permissible civic or charitable activity under former Rule 65B. It did not equate recruiting students for tuition with soliciting donations or other assistance barred by Rule 65B(2). Because the video did not identify the parent as a judge, the Committee found no use of judicial prestige. It recommended that school officials also avoid mentioning the judicial title when showing the video.

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The Committee’s page states that this opinion interprets the 1993 Illinois Code of Judicial Conduct, which was superseded on January 1, 2023.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 approved the described parent interview for student recruitment, with the judge’s title kept out of the presentation.

Common questions

Q: Did the recruiting video violate the prohibition on judicial fundraising?

A: No. The Committee distinguished tuition-based student recruitment from a request for donations.

Q: Could the video identify the participant as a judge?

A: The approved facts omitted the judicial title; the Committee recommended that school officials likewise not mention it when showing the video.

Background and rules framework

The Committee applied former Illinois Supreme Court Rules 62B and 65B(2) on judicial prestige, civic activity and solicitation.

Citations and references

  • Illinois Supreme Court Rules 62B and 65B(2).
  • IJEC Opinions 96-7 and 97-13.

See also

Source

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