Ezel / Ethics Opinions / JUDICIAL-IL

Could a newly appointed Illinois associate judge finish an elected public school board term?

Short answer No. The Committee said the judge had to resign within a reasonable time, citing the former Code and the Illinois Constitution’s bar on judges holding school district office.
Bar
JUDICIAL-IL
Issued
January 12, 1999

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This page answers the general question as of 1999. 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 Not binding precedent.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 appointment as an associate judge, the inquirer had been elected to a four-year public school board term. The judge asked whether the remaining term could be served without legal advising or fundraising.

The Committee concluded that the judge had to resign within a reasonable time after being sworn in. Former Rule 65G’s limit on governmental positions applied even though the judge had already been elected.

The opinion also cited article VI, section 13 of the Illinois Constitution, which barred judges from holding office under a school district. It distinguished service on a nongovernmental school support nonprofit or parish school board.

Currency note

This opinion was issued in 1999 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 The Committee’s page says that Code was superseded on January 1, 2023, and does not assess the effect of the 2023 Code.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 finish the existing term?

A: No. The Committee required resignation within a reasonable time.

Q: Did having been elected before judicial appointment change the result?

A: No. The opinion said serving out an existing term made no difference.

Q: Was a public school board treated like a nonprofit school support group?

A: No. The Committee distinguished governmental office from nonprofit service.

Background and rules framework

The Committee applied former Illinois Supreme Court Rules 65G and 62A and cited article VI, section 13 of the Illinois Constitution. It distinguished IJEC Opinions 97-6 and 96-7 on nongovernmental school roles.

Citations and references

  • Illinois Supreme Court Rules 62A, 65B, and 65G.
  • Illinois Constitution, art. VI, § 13.
  • IJEC Opinions 97-6 and 96-7.

See also

Source

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