Ezel / Ethics Opinions / JUDICIAL-IL

Could an Illinois judge independently review computerized court records from other cases when sentencing a defendant?

Short answer The Committee allowed the judge to take judicial notice of those records if the parties had comparable access and the judge followed notice and opportunity-to-be-heard safeguards.
Bar
JUDICIAL-IL
Issued
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 Not binding precedent.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 sentencing judge used a court computer to review a defendant’s criminal case history in other county files. The Committee assumed both sides could access the records by substantially similar means.

The Committee concluded that a judge could take judicial notice of facts from the court’s own records without conducting a prohibited independent investigation under former Rule 63. It treated accurate identification of the record, notice during the proceeding and an opportunity for the parties to challenge judicial notice as essential safeguards. It also noted that juvenile records might not be equally accessible and that a continuance might sometimes be needed for meaningful review.

The opinion described a presentence investigation report as the preferable source when available, while allowing the stated computerized-record practice under the procedural conditions it discussed.

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The Committee’s page states that this opinion interprets the 1993 Illinois Code of Judicial Conduct, which was superseded on January 1, 2023.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 the stated record review as judicial notice when the court applied the required procedural safeguards and the parties had meaningful access.

Common questions

Q: Did the Committee treat any review of another court file as forbidden investigation?

A: No. It distinguished proper judicial notice of the court’s own records from independent fact gathering.

Q: Why did party access matter?

A: The opinion assumed both sides could access the records and stressed notice and an opportunity to contest their use.

Background and rules framework

The Committee discussed former Illinois Supreme Court Rules 62A and 63, Illinois Evidence Rule 201 and decisions on judicial notice of court records.

Citations and references

  • Illinois Supreme Court Rules 62A and 63; Illinois Rule of Evidence 201.
  • People v. Davis, 65 Ill. 2d 157 (1976); People v. Barham, 337 Ill. App. 3d 1121 (2003).

See also

Source

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