Could an Illinois judge who was not a candidate serve on a party slating panel or handle another candidate’s nominating petition?

Short answer The Committee barred service on the slating panel and circulation of another candidate’s petition, but allowed signing a standard petition for ballot access.
Bar
JUDICIAL-IL
Issued
March 9, 2018

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This page answers the general question as of 2018. 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 Not binding precedent.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 who was not a candidate participated in a political organization’s panel evaluating judicial candidates for its slate. Separately, the Committee considered whether a noncandidate judge could sign or circulate another candidate’s nominating petition.

It concluded that participating in the slating panel was political activity and involved endorsements barred under former Rules 67C and 67A(1)(b). It distinguished signing the standard Illinois nominating petition, which expressed eligibility and party affiliation but did not declare support for the candidate.

Circulating a petition was different: soliciting signatures on a candidate’s behalf implied support and endorsement. The opinion therefore allowed signing the standard petition but prohibited circulating it on these facts.

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The Committee’s page states that this opinion interprets the 1993 Illinois Code of Judicial Conduct, which was superseded on January 1, 2023.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

Under the former Code, the opinion separated a voter’s signature supporting ballot access from participation in slating or actively soliciting signatures.

Common questions

Q: Could the noncandidate judge serve on the party’s candidate slating panel?

A: No. The Committee treated the panel’s candidate recommendations as prohibited political activity and endorsement.

Q: Could the judge sign the standard nominating petition?

A: Yes. The Committee said the standard form did not itself express candidate support.

Q: Could the judge circulate it?

A: No. The Committee found that soliciting signatures on a candidate’s behalf implied an endorsement.

Background and rules framework

The Committee applied former Illinois Supreme Court Rules 67A(1)(b) and 67C and described the statutory petition form in 10 ILCS 5/7-10. It cited IJEC Opinions 1996-15 and 1998-02.

Citations and references

  • Illinois Supreme Court Rules 67A(1)(b), 67C; 10 ILCS 5/7-10.
  • IJEC Opinions 1996-15 and 1998-02.

See also

Source

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