Ezel / Ethics Opinions / JUDICIAL-IL

Could an Illinois judge be a guest of honor at a political party fundraiser?

Short answer Under the former Code, the Committee allowed a judge campaigning for judicial office to be a guest of honor during the election period, but forbade a judge who was not a candidate from doing so.
Bar
JUDICIAL-IL
Issued
2021

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This page answers the general question as of 2021. 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 Not binding precedent.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 asked whether a political party could make the judge a guest of honor at a fundraising event. The Committee distinguished a judge campaigning for election from one who was not a candidate.

It interpreted former Rule 67 to allow the candidate judge to appear and speak at a political party fundraiser during the electioneering period. It found that former Rule 65B's permission to be honored at an organization's fundraiser did not extend to a political party fundraiser for a noncandidate judge. The opinion therefore forbade that role for a judge not campaigning for office.

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The Committee’s page states that this opinion interprets the 1993 Illinois Code of Judicial Conduct, which was superseded on January 1, 2023.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 permitted the guest-of-honor role for a campaigning judicial candidate during the relevant election period, while excluding a noncandidate judge.

Common questions

Q: Could a judge who was not a candidate be the guest of honor?

A: No. The Committee said former Rule 65B did not allow this role at a political party fundraiser.

Q: Did the answer differ for a campaigning judge?

A: Yes. The Committee said former Rule 67 allowed the campaigning judicial candidate to appear and speak at the event during the election period.

Background and rules framework

The Committee applied former Illinois Supreme Court Rules 65B, 67B and 67C, and discussed IJEC Opinions 2010-01, 1994-21 and 96-19.

Citations and references

  • Illinois Supreme Court Rules 65B, 67B and 67C.
  • IJEC Opinions 2010-01, 1994-21 and 96-19.

See also

Source

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