Ezel / Ethics Opinions / JUDICIAL-IL

Could an Illinois judge accept appointment to the University of Illinois Board of Trustees?

Short answer No. The Committee concluded that the state university trusteeship was a public office barred by the Illinois Constitution and involved policy matters outside the law-related appointments permitted by former Rule 65G.
Bar
JUDICIAL-IL
Issued
June 8, 2011

Apply this to your situation

This page answers the general question as of 2011. 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 Not binding precedent.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's name was submitted to the Governor for appointment to the University of Illinois Board of Trustees. The Committee concluded that the judge could not accept the appointment.

It characterized the trusteeship as an office in a governmental body, which article VI, section 13(b) of the Illinois Constitution barred a judge from holding. It also read former Rule 65G to restrict appointments to governmental bodies dealing with improvement of the law, legal system or administration of justice. The trustees' broader university policy duties did not meet that condition.

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The Committee’s page states that this opinion interprets the 1993 Illinois Code of Judicial Conduct, which was superseded on January 1, 2023.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 ruled out the described state university trusteeship under both the constitutional office restriction and the former Code.

Common questions

Q: Was the trusteeship treated as a public office?

A: Yes. The Committee said the Board was a governmental body and trustees took an oath of office.

Q: Did the university’s law-related activities save the appointment?

A: No. The Committee said trustees also decided many matters unrelated to the legal system.

Background and rules framework

The Committee applied Illinois Constitution article VI, section 13(b), and former Illinois Supreme Court Rules 64C and 65G to the public university appointment.

Citations and references

  • Ill. Const. art. VI, § 13(b); Illinois Supreme Court Rules 64C, 65G.
  • 110 ILCS 305/1; 110 ILCS 310/1.

See also

Source

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