Did an Illinois judge have to list pre-bench fee-sharing referral agreements on the economic-interest statement?
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.
Plain-English summary
Before taking the bench, the judge referred cases to other lawyers under agreements for a share of future fees. The question was how those arrangements belonged on the annual Statement of Economic Interest.
The Committee concluded that former Rule 68 and the Supreme Court’s April 1, 1986 Administrative Order required the filing to list each case and the lawyer receiving its referral.
It read the order’s income and economic-interest reporting language broadly enough to cover these future fee interests.
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 The Committee’s page says that Code was superseded on January 1, 2023, and does not assess the effect of the 2023 Code.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: Did the judge have to identify each referred case?
A: Yes. The Committee said each case name belonged in the report.
Q: Did the judge have to identify the receiving lawyers?
A: Yes. The opinion required each lawyer’s name as well.
Background and rules framework
The Committee applied former Illinois Supreme Court Rule 68 and the Supreme Court Administrative Order dated April 1, 1986, appended to that rule.
Citations and references
- Illinois Supreme Court Rule 68 and appended Administrative Order of April 1, 1986.
See also
Source
- Landing page: Illinois Judicial Ethics Committee Opinion 98-14
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