Did a former law firm associate’s work as a part-time Assistant State’s Attorney disqualify an Illinois judge from all criminal cases?
Apply this to your situation
This page answers the general question as of 2013. Ask about yours and see what the current rules of professional conduct in your state say for your facts, with citations.
Plain-English summary
A new judge had practiced with a lawyer who remained a part-time Assistant State's Attorney. The judge asked whether that past association barred the judge from all criminal cases and whether the associate's work outside court mattered.
The Committee concluded that the judge was not disqualified from every case prosecuted by the State's Attorney's office. Former Rule 63C(1)(c)'s three-year rule did require disqualification when the former associate represented the State in a particular case, including professional work done outside the courtroom.
The opinion explained that the parties and lawyers could remit this disqualification under former Rule 63D after disclosure on the record and agreement outside the judge's presence.
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The Committee’s page states that this opinion interprets the 1993 Illinois Code of Judicial Conduct, which was superseded on January 1, 2023.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 distinguished cases involving the former associate’s own professional participation from other prosecutions by the same public office.
Common questions
Q: Was the judge barred from all cases brought by the State’s Attorney’s office?
A: No. The Committee rejected a global office-wide disqualification.
Q: Did work by the former associate outside court count?
A: Yes. The Committee included professional participation outside court, not just appearances.
Q: Could the disqualification be waived?
A: Yes, under the former Rule 63D procedure described in the opinion.
Background and rules framework
The Committee applied former Illinois Supreme Court Rules 63C(1)(c) and 63D and relied on earlier IJEC Opinions 98-7 and 05-02.
Citations and references
- Illinois Supreme Court Rules 63C(1)(c), 63D.
- IJEC Opinions 98-7 and 05-02.
See also
Source
- Landing page: Illinois Judicial Ethics Committee Opinion 2013-02
What do the rules say today, for your facts?
This opinion is from 2013. Ezel checks the current rules of professional conduct in your state against your situation and cites the rules it relies on.
Opens in Ezel Pro.
- Checks the law as it stands today, not only this page
- Cites every source it relies on, so you can verify it
- Chat, drafting and research in one workspace