Ezel / Ethics Opinions / JUDICIAL-IL

Could an Illinois judge witness the execution of a person the judge had prosecuted?

Short answer The Committee concluded the judge should not attend because witnessing that defendant’s execution could suggest continued identification with prosecution and cast doubt on impartiality in later death penalty cases.
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JUDICIAL-IL
Issued
October 12, 1995

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This page answers the general question as of 1995. 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 Not binding precedent.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

Before joining the bench, a judge had prosecuted a capital case. Years later, the judge considered attending that defendant’s execution for educational reasons.

The Committee concluded the judge should not attend. It reasoned that attendance could signal continued identification with the prosecutor’s role and diminish public confidence in judicial impartiality.

The opinion distinguished a judge’s permitted discussion of death penalty issues where comments do not cast doubt on the ability to decide such cases fairly. Here, the judge’s connection to the specific prosecution changed the assessment.

Currency note

This opinion was issued in 1997 under the 1993 Illinois Code of Judicial Conduct. The Committee’s page says that Code was superseded on January 1, 2023, and does not assess the effect of the 2023 Code. Treat this page as historical context and verify the current Code before relying on its analysis.

Common questions

Q: Could the judge attend the execution?

A: The Committee said the judge should not attend.

Q: What made attendance problematic?

A: The judge had prosecuted the same defendant, making attendance suggest continued identification with that side.

Q: Did the opinion bar all discussion of capital punishment?

A: No. It distinguished speeches that do not cast doubt on impartiality.

Background and rules framework

The Committee applied former Illinois Supreme Court Rule 62A on confidence in judicial integrity and impartiality and distinguished IJEC Opinion 94-17.

Citations and references

  • Illinois Supreme Court Rule 62A.
  • IJEC Opinion 94-17.

See also

Source

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