Did a former law firm associate’s work as a part-time Assistant State’s Attorney disqualify an Illinois judge from all criminal cases?

Short answer No. The Committee required disqualification only when the former associate appeared or otherwise professionally participated in the case; the parties could remit that disqualification under former Rule 63D.
Bar
JUDICIAL-IL
Issued
April 16, 2013

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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.

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 Not binding precedent.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 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The Committee’s page states that this opinion interprets the 1993 Illinois Code of Judicial Conduct, which was superseded on January 1, 2023.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

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