Ezel / Ethics Opinions / JUDICIAL-IL

Could an Illinois judge privately recommend lawyers to a niece or close friend?

Short answer Yes. The Committee allowed private recommendations to family and sufficiently close friends when the relationship avoided an appearance that the judge was using judicial prestige.
Bar
JUDICIAL-IL
Issued
April 5, 2016

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This page answers the general question as of 2016. 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 Not binding precedent.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 niece asked a judge for a reputable divorce lawyer, and the judge privately supplied three names. The Committee found no misuse of judicial prestige under former Rule 62B in that family setting.

It distinguished close personal relationships from requests by casual or business acquaintances, where a recommendation might appear to carry the authority of judicial office. It also noted that frequent referrals, a financial relationship with the lawyers, or a public recommendation might change the analysis. If the niece's case came before the judge, former Rule 63C(1)(e) would require recusal.

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The Committee’s page states that this opinion interprets the 1993 Illinois Code of Judicial Conduct, which was superseded on January 1, 2023.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 allowed a private recommendation to the judge’s niece and similarly close persons while reserving more distant or public referrals.

Common questions

Q: Could the judge privately give her niece lawyer names?

A: Yes. The Committee found the family request did not appear to invoke judicial prestige.

Q: Would the judge hear the niece’s case if assigned?

A: No. The opinion said the niece’s relationship to the judge required recusal under former Rule 63C(1)(e).

Background and rules framework

The Committee applied former Illinois Supreme Court Rules 62B and 63C(1)(e), and discussed comparable advisory opinions from Colorado, New York and Utah.

Citations and references

  • Illinois Supreme Court Rules 62B and 63C(1)(e).
  • Colorado Judicial Ethics Advisory Opinion 2006-01; New York Advisory Opinion 93-89; Utah Informal Opinion 11-2.

See also

Source

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