Ezel / Ethics Opinions / JUDICIAL-IL

Could an Illinois judge advocate higher attorney registration fees to fund the Lawyers Assistance Program?

Short answer Yes. The Committee allowed the judge’s titled name on supporting documents and public or court-facing advocacy, including talks to bar associations, because it treated the proposal as legal-system funding rather than public fundraising.
Bar
JUDICIAL-IL
Issued
June 10, 1998

Apply this to your situation

This page answers the general question as of 1998. 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 Not binding precedent.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

Bar groups proposed an increase in attorney registration fees to provide lasting support for the Lawyers Assistance Program. Judges serving on the program’s board were asked to help explain and advocate the proposal.

The Committee permitted a judge’s name and title on supporting documents, public participation and advocacy before the Illinois Supreme Court, and speaking to local or specialty bar groups.

It treated the dues proposal as a law-related funding recommendation under former Rule 64C, rather than the sort of public donation solicitation prohibited by that rule or the charitable-activity limits in Rule 65.

Currency note

This opinion was issued in 1998 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 The Committee’s page says that Code was superseded on January 1, 2023, and does not assess the effect of the 2023 Code.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 a judge’s titled name appear on the proposal?

A: Yes. The opinion expressly permitted the “Honorable” attribution.

Q: Could the judge speak to bar groups?

A: Yes, in support of the proposed attorney-registration fee increase.

Q: Was this treated as prohibited public fundraising?

A: No. The Committee distinguished the proposal from personal requests for donations.

Background and rules framework

The Committee applied former Illinois Supreme Court Rules 64B and 64C and discussed why Rule 65’s charity fundraising restriction did not govern the Lawyers Assistance Program proposal.

Citations and references

  • Illinois Supreme Court Rules 64B, 64C, and 65.
  • Illinois Rules of Professional Conduct 1.6(d) and (e).

See also

Source

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