Could an Illinois judge contribute to a State’s Attorney candidate whose office would prosecute cases before the judge?

Short answer The Committee allowed the contribution under Rule 4.1(D)(1)(c) and found that the stated $500 contribution alone did not require disqualification from the elected State’s Attorney’s cases.
Bar
JUDICIAL-IL
Issued
2024

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This page answers the general question as of 2024. 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 Not binding precedent.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 presided over criminal cases contributed $500 to a county State’s Attorney candidate. Most cases before the judge were prosecuted by that office. The Committee concluded that the 2023 Illinois Code allowed a contribution to the candidate’s campaign committee as a political organization under Rule 4.1(D)(1)(c).

The Committee then applied Rule 2.11(A), which calls for disqualification when the judge’s impartiality might reasonably be questioned. It found that this contribution alone did not create a reasonable question about impartiality if the candidate won. It explained that support for a person to fill an office did not imply a preference for that office to prevail in individual cases.

The opinion limited its conclusion to the stated facts and identified the contribution’s amount, timing and surrounding circumstances as relevant to other situations.

In practice

On the stated $500 contribution and no indication of bias, the opinion did not require the judge to recuse from cases involving the elected State’s Attorney or that office.

Common questions

Q: Did the 2023 Code allow the judge to contribute to this campaign?

A: Yes. The Committee treated the State’s Attorney candidate’s committee as a political organization to which Rule 4.1(D)(1)(c) allowed a contribution.

Q: Did the contribution automatically disqualify the judge from the office’s cases?

A: No. The Committee found no reasonable question about impartiality from the described contribution alone and reserved other factual settings.

Background and rules framework

The Committee applied Illinois Code of Judicial Conduct Rules 4.1(D)(1)(c) and 2.11(A). It discussed IJEC Opinions 1994-06 and 1993-11, and distinguished the exceptional contribution in Caperton v. A. T. Massey Coal Co.

Citations and references

  • Illinois Code of Judicial Conduct Rules 2.11(A), 4.1(D)(1)(c).
  • IJEC Opinions 1994-06 and 1993-11.
  • Caperton v. A. T. Massey Coal Co., 556 U.S. 868 (2009).

See also

No sibling opinions yet indexed.

Source

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