Ezel / Ethics Opinions / JUDICIAL-IL

Could an Illinois judge serve on a bar association law section council and vote privately on proposed legislation?

Short answer Yes. The Committee allowed the described council service and private votes on pending legislation because they did not interfere with judicial duties, compromise impartiality or use judicial prestige for the bar.
Bar
JUDICIAL-IL
Issued
November 1, 2016

Apply this to your situation

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 Not binding precedent.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 judge belonged to a statewide bar association’s law section council. The council polled members about proposed legislation and reported only its collective position; the judge’s vote and the vote total were not disclosed, and the judge did not lobby publicly.

The Committee concluded that former Rule 64 permitted this law-related activity. On the stated facts, council work did not interfere with judicial duties or cast doubt on impartiality. The private votes also did not lend judicial prestige to the bar association or its legislative positions under Rule 62B.

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The Committee’s page states that this opinion interprets the 1993 Illinois Code of Judicial Conduct, which was superseded on January 1, 2023.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 described council membership and confidential votes about law-related legislation without treating them as public judicial endorsements.

Common questions

Q: Could the judge participate in the council’s legislative poll?

A: Yes. The Committee found no conflict with judicial duties or impartiality on the stated facts.

Q: Were the judge’s individual votes made public?

A: No. The opinion stated that only the council’s collective position was reported.

Background and rules framework

The Committee applied former Illinois Supreme Court Rules 62B and 64 and their commentary about judicial participation in improving the law and the legal system.

Citations and references

  • Illinois Supreme Court Rules 62B and 64.
  • IJEC Opinions 1994-05 and 1994-17.

See also

Source

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