Could an Illinois judge standing for November retention endorse a judicial candidate in the preceding March primary?

Plain-English summary

A judge standing for retention in November was asked to endorse a lawyer running for circuit judge in the March primary. The Committee concluded that the judge could not give that endorsement under former Rule 67B(1)(a)(iv).

It read the rule’s allowance for endorsing candidates in a public election in which the judge was running together with Illinois's distinct primary and retention processes. A retention vote occurred with the general election, not the primary. The Committee therefore said the judge could endorse or oppose candidates in the general election, but not the earlier primary.

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The Committee’s page states that this opinion interprets the 1993 Illinois Code of Judicial Conduct, which was superseded on January 1, 2023.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 the retention judge’s election-related endorsement permission to the general election associated with the retention vote.

Common questions

Q: Could the retention judge endorse the primary candidate?

A: No. The Committee treated the March primary as a separate election.

Q: Could the judge endorse a candidate in the general election?

A: The Committee said former Rule 67B(1)(a)(iv) allowed endorsements in the general election in which the judge stood for retention.

Background and rules framework

The Committee applied former Illinois Supreme Court Rules 62B and 67B and article V, section 12 of the Illinois Constitution on judicial elections and retention.

Citations and references

• Illinois Supreme Court Rules 62B, 67B(1)(a)(iv), 67B(3); Ill. Const. art. V, § 12.
• Hossfield v. Illinois State Board of Elections, 238 Ill. 2d 418 (2010).

See also

• IL Judicial Ethics Op. 2018-01

Source

• Landing page: Illinois Judicial Ethics Committee Opinion 2012-02