Ezel / Ethics Opinions / JUDICIAL-IL

Did an Illinois judge violate the nepotism rule by hiring another judge’s qualified child as a secretary?

Short answer No, on the stated merit-based process. The Committee said the relationship alone did not make the appointment nepotism under former Rule 63B(4).
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JUDICIAL-IL
Issued
November 20, 1997

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This page answers the general question as of 1997. 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 Not binding precedent.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 authorized to hire a part-time secretary interviewed multiple applicants. Another judge’s child applied, was found qualified, and was tested by the county personnel department.

The Committee concluded that former Rule 63B(4) allowed the hire because appointment was based on merit rather than family favoritism. Being a fellow judge’s child did not automatically make the choice nepotism.

The opinion suggested preserving a record of the applicant’s qualifications in support of the merit determination.

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 The Committee’s page says that Code was superseded on January 1, 2023, and does not assess the effect of the 2023 Code.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: Was hiring a fellow judge’s child automatically prohibited?

A: No. The Committee focused on the applicant’s qualifications and selection process.

Q: What process did the judge use?

A: The judge interviewed several applicants, and the selected applicant was tested by county personnel.

Background and rules framework

The Committee applied former Illinois Supreme Court Rule 63B(4), which required merit-based appointments while avoiding nepotism and favoritism.

Citations and references

  • Illinois Supreme Court Rule 63B(4).

See also

Source

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