Scotillo denied me of fundamental rights,
but the Officer Wenrich said I have no rights and all judges agreed.
My trial proves Scotillo is on the take, his ethics are in the sewer, lawyers before scotillo must meet corruption on his terms. Where there's smoke there's fire
scotillo
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preamble
Preamble
Our legal system is based on the principle that an independent, fair and competent judiciary will interpret and apply the laws that govern us. The role of the judiciary is central to American concepts of justice and the rule of law. Intrinsic to all provisions of this code are precepts that judges, individually and collectively, must respect and honor the judicial office as a public trust and strive to enhance and maintain confidence in our legal system.
The judge is an arbiter of facts and law for the resolution of disputes and a highly visible symbol of government under the rule of law.
The Code of Judicial Conduct is intended to standards for ethical conduct of judges. It consists of broad statements called canons, specific rules set forth in lettered subsections under each canon, and Committee Commentary. The text of the canons and the rules is authoritative. The Committee Commentary, by explanation, and example, provides guidance with respect to the purpose and meaning of the canons and rules. The Commentary is not intended as a statement of additional rules.
The canons and rules are rules of reason. They should be applied consistent with constitutional requirements, statutes, other court rules and decisional law and in the context of all relevant circumstances. The Code is to be construed so as not to impinge on the essential independence of judges in making judicial decisions.
The Code is designed to provide guidance to judges and candidates for judicial office and to provide a structure for regulating conduct through disciplinary agencies. It is not designed or intended as a basis for civil liability or criminal prosecution. Furthermore, the purpose of the Code would be subverted if the Code were invoked by lawyers for mere tactical advantage in a proceeding.
The canons are not standards of discipline in themselves, but express the policy consideration underlying the rules contained within the canons. The text of the rules is intended to govern conduct of judges and to be binding upon them. It is not intended, however, that every transgression will result in disciplinary action. Whether disciplinary action is appropriate, and the degree of discipline to be imposed, should be determined through a reasonable and reasoned application of the text of the rules and should depend on such factors as the seriousness of the transgression, whether there is a pattern of improper activity and the effect of the improper activity on others or on the judicial system.
The Code of Judicial Conduct is not intended as an exhaustive guide for the conduct of judges. They should also be governed in their judicial and personal conduct by general ethical standards. The Code is intended, however, to state basic standards which should govern the conduct of all judges and to provide guidance to assist judges in establishing and maintaining high standards of judicial and personal conduct.
Adopted eff. Aug. 6, 1993.
Terminology
Terminology
"Candidate." A candidate is a person seeking public election for or public retention in judicial office. A person becomes a candidate for judicial office as soon as he or she makes a public announcement of candidacy, declares or files as a candidate with the election authority, or authorizes solicitation or acceptance of contributions or support.
"Court personnel" does not include the lawyers in a proceeding before a judge.
"De minimis" denotes an insignificant interest that could not raise reasonable question as to a judge's impartiality.
"Economic interest" denotes ownership of a more than de minimis legal or equitable interest, or a relationship as officer, director, advisor or other active participant in the affairs of a party, except that:
(i) ownership of an interest in a mutual or common investment fund that holds securities is not an economic interest in such securities unless the judge participates in the management of the fund or a proceeding pending or impending before the judge could substantially affect the value of the interest;
(ii) service by a judge as an officer, director, advisor or other active participant in an educational, religious, charitable, fraternal or civic organization, or service by a judge's spouse, parent or child as an officer, director, advisor or other active participant in any organization does not create an economic interest in securities held by that organization;
(iii) a deposit in a financial institution, the proprietary interest of a policyholder in a mutual insurance company, of a depositor in a mutual savings association or of a member in a credit union, or a similar proprietary interest, is not an economic interest in the organization unless a proceeding pending or impending before the judge could substantially affect the value of the interest;
(iv) ownership of government securities is not an economic interest in the issuer unless a proceeding pending or impending before the judge could substantially affect the value of the securities.
"Fiduciary" includes such relationships as executor, administrator, trustee, and guardian.
"He." Whenever this pronoun is used it includes the feminine as well as the masculine form.
"Judge" includes circuit and associate judges and judges of the appellate and supreme court.
"Knowingly," "knowledge," "known" or "knows" denotes actual knowledge of the fact in question. A person's knowledge may be inferred from circumstances.
"Law" denotes court rules as well as statutes, constitutional provisions and decisional law.
"Member of a candidate's/judge's family" denotes a spouse, child, grandchild, parent, grandparent or other relative or person with whom the candidate maintains a close familial relationship.
"Member of the judge's family residing in the judge's household" denotes any relative of a judge by blood or marriage, or a person treated by a judge as a member of the judge's family, who resides in the judge's household.
"Political organization" denotes a political party or other group, the principal purpose of which is to further the election or appointment of candidates to political office.
"Public election." This term includes primary and general elections; it includes partisan elections, non-partisan elections and retention elections.
"Require." The rules prescribing that a judge "require" certain conduct of others are, like all of the rules in this Code, rules of reason. The use of the term "require" in that context means a judge is to exercise reasonable direction and control over the conduct of those persons subject to the judge's direction and control.
"Third degree of relationship." The following persons are relatives within the third degree or relationship: great-grandparent, grandparent, parent, uncle, aunt, brother, sister, child, grandchild, great-grandchild, nephew or niece.
Adopted eff. Aug. 6, 1993.
canons
RULE 61 - CANON 1
A Judge Should Uphold the Integrity
and Independence of the Judiciary
An independent and honorable judiciary is indispensable to
justice in our society. A judge should participate in
establishing, maintaining, and enforcing, and should
personally observe, high standards of conduct so that the
integrity and independence of the judiciary may be preserved.
The provisions of this Code should be construed and applied
to further that objective.
Adopted Dec. 2, 1986, eff. Jan. 1, 1987. Amended eff. Aug.
6, 1993; Oct. 15, 1993.
RULE 62 - CANON 2
A Judge Should Avoid Impropriety and
the Appearance of Impropriety in All of the Judge's
Activities
A. A judge should respect and comply with the law and should
conduct himself or herself at all times in a manner that
promotes public confidence in the integrity and impartiality of
the judiciary.
B. A judge should not allow the judge's family, social or other
relationships to influence the judge's judicial conduct or
judgment. A judge should not lend the prestige of judicial
office to advance the private interests of others; nor should a
judge convey or permit others to convey the impression that
they are in a special position to influence the judge. A judge
should not testify voluntarily as a character witness.
Adopted Dec. 2, 1986, eff. Jan. 1, 1987. Amended eff. Oct.
15, 1993.
RULE 63 - CANON 3
A Judge Should Perform the Duties of Judicial Office
Impartially and Diligently
The judicial duties of a judge take precedence over all the
judge's other activities. The judge's judicial duties include all
the duties of the judge's office prescribed by law. In the
performance of these duties, the following standards apply:
A. Adjudicative Responsibilities.
(1) A judge should be faithful to the law and maintain
professional competence in it. A judge should be unswayed
by partisan interests, public clamor, or fear of criticism.
(2) A judge should maintain order and decorum in
proceedings before the judge.
(3) A judge should be patient, dignified, and courteous to
litigants, jurors, witnesses, lawyers, and others with whom the
judge deals in an official capacity, and should require similar
conduct of lawyers, and of staff, court officials, and others
subject to the judge's direction and control.
(4) A judge shall accord to every person who has a legal
interest in a proceeding, or that person's lawyer, the right to
be heard according to law. A judge shall not initiate, permit, or
consider ex parte communications, or consider other
communications made to the judge outside the presence of
the parties concerning a pending or impending proceeding
except that:
(a) Where circumstances require, ex parte
communications for scheduling, administrative
purposes or emergencies that do not deal with
substantive matters or issues on the merits are
authorized; provided:
(i) the judge reasonably believes that no party will
gain a procedural or tactical advantage as a result
of the ex parte communication, and
(ii) the judge makes provision promptly to notify all
other parties of the substance of the ex parte
communication and allows an opportunity to
respond.
(b) A judge may consult with court personnel whose
function is to aid the judge in carrying out the judge's
adjudicative responsibilities or with other judges.
(c) A judge may, with the consent of the parties, confer
separately with the parties and their lawyers in an effort
to mediate or settle matters pending before the judge.
(d) A judge may initiate or consider any ex parte
communications when expressly authorized by law to do
so.
(5) A judge shall devote full time to his or her judicial duties;
and should dispose promptly of the business of the court.
(6) A judge should abstain from public comment about a
pending, or impending proceeding in any court, and should
require similar abstention on the part of court personnel
subject to the judge's direction and control. This paragraph
does not prohibit judges from making public statements in the
course of their official duties or from explaining for public
information the procedures of the court.
(7) Proceedings in court should be conducted with fitting
dignity, decorum, and without distraction. The taking of
photographs in the courtroom during sessions of the court, or
recesses between proceedings, and the broadcasting or
televising of court proceedings is permitted only to the extent
authorized by order of the Supreme Court.
(8) A judge shall perform judicial duties without bias or
prejudice. A judge shall not, in the performance of judicial
duties, by words or conduct manifest bias or prejudice,
including but not limited to bias or prejudice based upon race,
sex, religion, or national origin, and shall not permit staff, court
officials and others subject to the judge's direction and control
to do so.
(9) Proceedings before a judge shall be conducted without
any manifestation, by words or conduct, of prejudice based
upon race, sex, religion, or national origin, by parties, jurors,
witnesses, counsel, or others. This section does not preclude
legitimate advocacy when these or similar factors are issues
in the proceedings.
B. Administrative Responsibilities.
(1) A judge should diligently discharge the judge's
administrative responsibilities, maintain professional
competence in judicial administration, and facilitate the
performance of the administrative responsibilities of other
judges and court officials.
(2) A judge should require staff, court officials and others
subject to the judge's direction and control to observe the
standards of fidelity and diligence that apply to the judge.
(3) A judge having knowledge of a violation of these canons
on the part of a judge or a violation of Rule 8.4 of the Rules of
Professional Conduct on the part of a lawyer shall take or
initiate appropriate disciplinary measures.
(4) A judge should not make unnecessary appointments. A
judge should exercise the power of appointment on the basis
of merit, avoiding nepotism and favoritism. A judge should not
approve compensation of appointees beyond the fair value of
services rendered.
(5) A judge should refrain from casting a vote for the
appointment or reappointment to the office of associate
judge, of the judge's spouse or of any person known by the
judge to be within the third degree of relationship to the judge
or the judge's spouse (or the spouse of such a person.)
C. Disqualification.
(1) A judge shall disqualify himself or herself in a proceeding
in which the judge's impartiality might reasonably be
questioned, including but not limited to instances where:
(a) the judge has a personal bias or prejudice
concerning a party or a party's lawyer, or personal
knowledge of disputed evidentiary facts concerning the
proceeding;
(b) the judge served as a lawyer in the matter in
controversy, or a lawyer with whom the judge previously
practiced law served during such association as a
lawyer concerning the matter, or the judge has been a
material witness concerning it;
(c) the judge was, within the preceding three years,
associated in the private practice of law with any law
firm or lawyer currently representing any party in the
controversy (provided that referral of cases when no
monetary interest was retained shall not be deemed an
association within the meaning of this subparagraph) or,
for a period of seven years following the last date on
which the judge represented any party to the controversy
while the judge was an attorney engaged in the private
practice of law;
(d) the judge knows that he or she, individually or as a
fiduciary, or the judge's spouse, parent or child
wherever residing, or any other member of the judge's
family residing in the judge's household, has an
economic interest in the subject matter in controversy or
in a party to the proceeding, or has any other more than
de minimis interest that could be substantially affected
by the proceeding; or
(e) the judge or the judge's spouse, or a person within
the third degree of relationship to either of them, or the
spouse of such a person;
(i) is a party to the proceeding, or an officer,
director, or trustee of a party;
(ii) is acting as a lawyer in the proceeding;
(iii) is known by the judge to have a more than de
minimis interest that could be substantially
affected by the proceeding; or
(iv) is to the judge's knowledge likely to be a
material witness in the proceeding.
(2) A judge shall keep informed about the judge's personal
and fiduciary economic interests, and make a reasonable
effort to keep informed about the personal economic interests
of the judge's spouse and minor children residing in the
judge's household.
D. Remittal of Disqualification.
A judge disqualified by the terms of Section 3C may disclose
on the record the basis of the judge's disqualification and may
ask the parties and their lawyers to consider, out of the
presence of the judge, whether to waive disqualification. If
following disclosure of any basis for disqualification other than
personal bias or prejudice concerning a party, the parties and
lawyers, without participation by the judge, all agree that the
judge should not be disqualified, and the judge is then willing
to participate, the judge may participate in the proceeding.
This agreement shall be incorporated in the record of the
proceeding.
Adopted Dec. 2, 1986, eff. Jan. 1, 1987. Amended June 12,
1987, eff. Aug. 1, 1987; amended eff. Nov. 25, 1987; Aug. 6,
1993; Oct. 15, 1993.
RULE 64 - CANON 4
A Judge May Engage in Activities to Improve the Law,
the Legal System and the Administration of Justice
A judge, subject to the proper performance of his or her
judicial duties, may engage in the following law-related
activities, if in doing so the judge does not cast doubt on his
or her capacity to decide impartially any issue that may come
before him or her.
A. A judge may speak, write, lecture, teach, and participate in
other activities concerning the law, the legal system, and the
administration of justice. However, a judge may not regularly
engage in instructing or teaching a course of instruction on a
business day unless:
(1) the teaching or instructing will occur no earlier than
5:30 p.m.; and
(2) he or she has filed with the Director of the
Administrative Office of the Illinois Courts a certificate
from the supervising judge which certifies that the
contemplated teaching or instructing will not interfere
with the proper performance of his or her judicial duties.
Such certificate shall indicate the course of instruction to
be taught or expected to be taught and the number of
semester or quarter hours of the course, shall be
effective until the conclusion of the course, and shall be
in the following form:
CERTIFICATION FOR TEACHING ACTIVITIES
Pursuant to Supreme Court Rule 64, Judge
_________________________ has made known to me that
he/she intends to teach or instruct a course in
____________________________ during the
__________________ of 199__, and that the course is
__________ [ ] semester [ ] quarter hours. As his/her
supervising judge, I hereby certify that the teaching or
instructing as described to me will not interfere with the proper
performance of the judge's judicial duties.
This certification expires at the completion of the above
mentioned course.
______________________________
Supervising Judge
For purposes of this subsection A, "course of instruction" is a
series of lessons or classes which are coordinated, arranged
or presented to provide coverage of any subject; "business
day" is any calendar day, except a Saturday or Sunday; and
"supervising judge" is the chief circuit judge where the judge
obtaining the certification is a circuit judge or an associate
judge, the presiding judge where the judge obtaining the
certification is an appellate court judge, and the chief justice
of the Supreme Court where the judge obtaining the
certification is a presiding judge or chief circuit judge or judge
of the Supreme Court.
B. A judge may appear at a public hearing before an
executive or legislative body or official on matters concerning
the law, the legal system, and the administration of justice,
and he or she may otherwise consult with an executive or
legislative body or official, but only on matters concerning the
administration of justice.
C. A judge may serve as a member, officer, or director of an
organization or governmental agency devoted to the
improvement of the law, the legal system, or the
administration of justice. He or she may assist such an
organization in raising funds and may participate in their
management and investment, but should not personally
participate in public fundraising activities. He or she may
make recommendations to public and private fund-granting
agencies on projects and programs concerning the law, the
legal system, and the administration of justice.
Adopted Dec. 2, 1986, eff. Jan. 1, 1987; Amended June 4,
1991, eff. Aug. 1, 1991.
RULE 65 - CANON 5
A Judge Should Regulate His or Her Extrajudicial
Activities to Minimize the Risk of Conflict
With the Judge's Judicial Duties
A. Avocational Activities.
A judge may write, lecture, teach, and speak on nonlegal
subjects, and engage in the arts, sports, and other social and
recreational activities, if such avocational activities do not
detract from the dignity of the judge's office or interfere with
the performance of the judge's judicial duties.
B. Civic and Charitable Activities.
A judge may participate in civic and charitable activities that
do not reflect adversely upon the judge's impartiality or
interfere with the performance of the judge's judicial duties. A
judge may serve as an officer, director, trustee, or nonlegal
advisor of an educational, religious, charitable, fraternal, or
civic organization not conducted for the economic or political
advantage of its members, subject to the following limitations:
(1) A judge should not serve if it is likely that the
organization will be engaged in proceedings that would
ordinarily come before the judge or will be regularly
engaged in adversary proceedings in any court.
(2) A judge should not solicit or permit his or her name
to be used in any manner to solicit funds or other
assistance for any such organization. A judge should not
allow his or her name to appear on the letterhead of any
such organization where the stationery is used to solicit
funds and should not permit the judge's staff, court
officials or others subject to the judge's direction or
control to solicit on the judge's behalf for any purpose,
charitable or otherwise. A judge should not be a
speaker or the guest of honor at an organization's
fund-raising events, but he or she may attend such
events.
C. Financial Activities.
(1) A judge should refrain from financial and business
dealings that tend to reflect adversely on the judge's
impartiality, interfere with the proper performance of the
judge's judicial duties, exploit the judge's judicial position, or
involve the judge in frequent transactions with lawyers or
persons likely to come before the court on which the judge
serves.
(2) Subject to the requirements of subsection (1), a judge may
hold and manage investments, including real estate, and
engage in the activities usually incident to the ownership of
such investments, but a judge should not assume an active
role in the management or serve as an officer, director, or
employee of any business.
(3) A judge should manage his or her investments and other
financial interests to minimize the number of cases in which
the judge is disqualified. As soon as the judge can do so
without serious financial detriment, the judge should divest
himself or herself of investments and other financial interests
that might require frequent disqualification.
(4) Neither a judge nor a member of the judge's family
residing in the judge's household should accept a gift,
bequest, favor, or loan from anyone except as follows:
(a) a judge may accept a gift incident to a public
testimonial to the judge; books supplied by publishers
on a complimentary basis for official use; or an invitation
to the judge and the judge's spouse to attend a
bar-related function or activity devoted to the
improvement of the law, the legal system, or the
administration of justice;
(b) a judge or a member of the judge's family residing in
the judge's household may accept ordinary social
hospitality; a gift, bequest, favor, or loan from a relative;
a wedding or engagement gift; a loan from a lending
institution in its regular course of business on the same
terms generally available to persons who are not
judges; or a scholarship or fellowship awarded on the
same terms applied to other applicants;
(c) a judge or a member of the judge's family residing in
the judge's household may accept any other gift,
bequest, favor, or loan only if the donor is not a party or
other person whose interests have come or are likely to
come before the judge, including lawyers who practice
or have practiced before the judge.
(5) Information acquired by a judge in the judge's judicial
capacity should not be used or disclosed by the judge in
financial dealings or for any other purpose not related to the
judge's judicial duties.
D. Fiduciary Activities.
A judge should not serve as the executor, administrator,
trustee, guardian, or other fiduciary, except for the estate,
trust, or person of a member of the judge's family, and then
only if such service will not interfere with the proper
performance of the judge's judicial duties. As a family
fiduciary a judge is subject to the following restrictions.
(1) The judge should not serve if it is likely that as a
fiduciary the judge will be engaged in proceedings that
would ordinarily come before the judge, or if the estate,
trust, or ward becomes involved in adversary
proceedings in the court on which the judge serves or
one under its appellate jurisdiction.
(2) While acting as a fiduciary a judge is subject to the
same restrictions on financial activities that apply to the
judge in his or her personal capacity.
E. Arbitration.
A judge should not act as an arbitrator or mediator.
F. Practice of Law.
A judge should not practice law.
G. Extrajudicial Appointments.
A judge should not accept appointment to a governmental
committee, commission or other position that is concerned
with issues of fact or policy on matters other than the
improvement of the law, the legal system, or the
administration of justice. A judge, however, may represent his
or her country, State, or locality on ceremonial occasions or in
connection with historical, educational and cultural activities.
Adopted Dec. 2, 1986, eff. Jan. 1, 1987. Amended eff. Oct.
15, 1993.
RULE 66 - CANON 6
Nonjudicial Compensation and Annual Statement of
Economic Interests
A judge may not receive compensation for the law-related and
extrajudicial activities permitted by this Code; however, he or
she may receive an honorarium and reimbursement of
expenses if the source of such payments does not give the
appearance of influencing the judge in his or her judicial
duties or otherwise give the appearance of impropriety. For
purposes of this canon, "compensation" is a sum of money or
other thing of value paid by a person or entity to a judge for
services provided or performed. Compensation shall not be
construed to include investment or interest income or other
income that is unrelated to the work or services provided or
performed by the judge; nor shall compensation be construed
to include a sum of money or other thing of value paid for
writings.
A. Honorarium.
An honorarium should not exceed a reasonable amount nor
should it exceed what a person who is not a judge would
receive for the same activity. The total honoraria received by
a judge within a six-month period shall not exceed $5,000.
B. Expense Reimbursement.
Expense reimbursement shall be limited to the actual cost of
travel, food and lodging reasonably incurred by the judge and,
where appropriate to the occasion, by the judge's spouse.
C. Annual Declarations of Economic Interests.
A judge shall file a statement of economic interests as
required by Rule 68, as amended effective August 1, 1986,
and thereafter.
Adopted Dec. 2, 1986, eff. Jan. 1, 1987. Amended June 4,
1991, eff. Aug. 1, 1991; April 1, 1992, eff. Aug. 1, 1992:
amended eff. Oct. 15, 1993; Dec. 13, 1996.
RULE 67 - CANON 7
A Judge or Judicial Candidate Shall Refrain
from Inappropriate Political Activity
A. All Judges and Candidates.
(1) Except as authorized in subsections B (1)(b) and B (3), a
judge or a candidate for election to judicial office shall not:
(a) act as a leader or hold an office in a political
organization;
(b) publicly endorse or publicly oppose another
candidate for public office;
(c) make speeches on behalf of a political organization;
(d) solicit funds for, or pay an assessment to a political
organization or candidate.
(2) A judge shall resign from judicial office upon becoming a
candidate for a nonjudicial office either in a primary or in a
general election.
(3) A candidate for a judicial office:
(a) shall maintain the dignity appropriate to judicial
office and act in a manner consistent with the integrity
and independence of the judiciary, and shall encourage
members of the candidate's family to adhere to the
same standards of political conduct in support of the
candidate as apply to the candidate;
(b) shall prohibit employees and officials who serve at
the pleasure of the candidate, and shall discourage
other employees and officials subject to the candidate's
direction and control from doing on the candidate's
behalf what the candidate is prohibited from doing
under the provisions of this Canon;
(c) except to the extent permitted by subsection B (2),
shall not authorize or knowingly permit any other person
to do for the candidate what the candidate is prohibited
from doing under the provisions of this Canon;
(d) shall not:
(i) make statements that commit or appear to
commit the candidate with respect to cases,
controversies or issues within cases that are likely
to come before the court; or
(ii) knowingly misrepresent the identity,
qualifications, present position or other fact
concerning the candidate or an opponent; and
(e) may respond to personal attacks or attacks on the
candidate's record as long as the response does not
violate subsection A (3)(d).
B. Authorized Activities for Judges and Candidates.
(1) A judge or candidate may, except as prohibited by law:
(a) at any time
(i) purchase tickets for and attend political
gatherings;
(ii) identify himself or herself as a member of a
political party; and
(iii) contribute to a political organization.
(b) when a candidate for public election
(i) speak to gatherings on his or her own behalf;
(ii) appear in newspaper, television and other
media advertisements supporting his or her
candidacy;
(iii) distribute pamphlets and other promotional
literature supporting his or her candidacy; and
(iv) publicly endorse or publicly oppose other
candidates in a public election in which the judge
or judicial candidate is running.
(2) A candidate shall not personally solicit or accept
campaign contributions. A candidate may establish
committees of responsible persons to conduct campaigns for
the candidate through media advertisements, brochures,
mailings, candidate forums and other means not prohibited by
law. Such committees may solicit and accept reasonable
campaign contributions, manage the expenditure of funds for
the candidate's campaign and obtain public statements of
support for his or her candidacy. Such committees are not
prohibited from soliciting and accepting reasonable
campaign contributions and public support from lawyers. A
candidate's committees may solicit contributions and public
support for the candidate's campaign no earlier than one year
before an election and no later than 90 days after the last
election in which the candidate participates during the
election year. A candidate shall not use or permit the use of
campaign contributions for the private benefit of the candidate
or others.
(3) Except as prohibited by law, a candidate for judicial office
in a public election may permit the candidate's name: (a) to
be listed on election materials along with the names of other
candidates for elective public office, and (b) to appear in
promotions of the ticket.
C. Incumbent Judges.
A judge shall not engage in any political activity except (i) as
authorized under any other provision of this Code, (ii) on
behalf of measures to improve the law, the legal system or the
administration of justice, or (iii) as expressly authorized by
law.
D. Applicability.
Canon 7 generally applies to all incumbent judges and judicial
candidates. A successful candidate, whether or not an
incumbent, is subject to judicial discipline for his or her
campaign conduct; an unsuccessful candidate who is a
lawyer is subject to lawyer discipline for his or her campaign
conduct. A lawyer who is a candidate for judicial office is
subject to Rule 8.2(b) of the Rules of Professional Conduct.
Adopted Dec. 2, 1986, eff. Jan. 1, 1987. Amended April 20,
1987, eff. Aug. 1, 1987; amended eff. Aug. 6, 1993; March
24, 1994.
RULE 68 - Declaration of Economic Interests
A judge shall file annually with the Clerk of the Illinois Supreme
Court (the Clerk) a verified written statement of economic
interests and relationships of the judge and members of the
judge's immediate family (the statement).
As statements are filed in the Clerk's office, the Clerk shall
cause the fact of that filing to be indicated on alphabetical
listing of judges who are required to file such statements.
Blank statement forms shall be furnished to the Administrative
Office of the Illinois Courts (the Director).
Any person who files or has filed a statement under this rule
shall receive from the Clerk a receipt indicating that the
person has filed such a statement and the date of such filing.
All statements filed under this rule shall be available for
examination by the public during business hours in the Clerk's
office in Springfield or in the satellite office of the Clerk in
Chicago. Original copies will be maintained only in
Springfield, but requests for examination submitted in
Chicago will be satisfied promptly. Each person requesting
examination of a statement or portion thereof must first fill out
a form prepared by the Director specifying the statement
requested, identifying the examiner by name, occupation,
address and telephone number, and listing the date of the
request and the reason for such request. The Director shall
supply such forms to the Clerk and replenish such forms upon
request. Copies of statements or portions of statements will
be supplied to persons ordering them upon payment of such
reasonable fee per page as is required by the Clerk. Payment
may be by check or money order in the exact amount due.
The Clerk shall promptly notify each judge required to file a
statement under this rule of each instance of an examination
of the statement by sending the judge a copy of the
identification form filled out by the person examining the
statement.
specified by administrative order of this court. Adopted eff.
March 15, 1970; Amended April 1, 1986, eff. Aug. 1, 1986.
other 1
IN THE SUPREME COURT OF
THE STATE OF ILLINOIS
ADMINISTRATIVE ORDER
Order entered April 1, 1986:
The verified statements of economic interests and
relationships referred to in our Rule 68, as amended effective
August 1, 1986, shall be filed by all judges on or before April
30, 1987, and on or before April 30, annually thereafter. Such
statements shall also be filed by every person who becomes
a judge, within 45 days after assuming office. However,
judges who assume office on or after December 1 and who
file the statement before the following April 30 shall not be
required to file the statement due on April 30. The form of
such statements shall be as provided by the Administrative
Director of the Illinois Courts, and they shall include all
information required by Rule 68 and this order, including:
1. Current economic interests of the judge and
members of the judge's immediate family (spouse and
minor children residing with the judge) whether in the
form of stock, bond, dividend, interest, trust. realty, rent,
certificate of deposit, deposit in any financial institution,
pension plan, Keogh plan, Individual Retirement
Account, equity or creditor interest in any corporation,
proprietorship, partnership, instrument of indebtedness
or otherwise. Every source of noninvestment income in
the form of a fee, commission, compensation,
compensation for personal service, royalty, pension,
honorarium or otherwise must also be listed. No
reimbursement of expenses by any unit of government
and no interest to deferred compensation under a plan
administered by the State of Illinois need be listed. No
amounts or account numbers need be listed in
response to this paragraph 1. Current economic
interests shall be as of a date within 30 days
proceeding the date of filing the statement.
2. Former economic interests of the type required to be
disclosed in response to numbered paragraph 1 which
were held by the judge or any member of the judge's
immediate family (spouse and minor children residing
with the judge) during the year preceding the date of
verification. Current economic interests listed in
response to numbered paragraph 1 need not be listed.
No amounts or account numbers need be listed in
response to this paragraph 2.
3. The names of all creditors to whom amounts in
excess of $500 are owed by the judge or members of
the judge's immediate family (spouse and minor
children residing with the judge) or were owed during
the year proceeding the date of verification. For each
such obligation there is to be listed the category for the
amount owed as of the date of verification and the
maximum category for the amount of each such
obligation during the year preceding the date of
verification of the statement. The categories for
reporting the amount of each such obligation are as
follows:
(a) not more than $5,000;
(b) greater than $5,000 but not more than
$15,000;
(c) greater than $15,000 but not more than
$50,000;
(d) greater than $50,000 but not more than
$100,000;
(e) greater than $100,000 but not more than
$250,000; and
(f) greater than $250,000.
Excluded from this requirement are obligations
consisting of revolving charge accounts, with an
outstanding liability equal to or less than $5,000.
4. The name of any individual personally known by the
judge to be licensed to practice law in Illinois who is a
co-owner with the judge or members of the judge's
immediate family (spouse and minor children residing
with the judge) of any of the economic interests
disclosed in paragraphs 1 and 2, and the name of any
person who has acted as a surety or guarantor of any of
the obligations required to be disclosed in paragraph 3.
5. A list of every office, directorship and salaried
employment of the judge and members of the judge's
immediate family (spouse and minor children residing
with the judge). Exclude unsalaried positions in
religious, social or fraternal organizations, and honorary
positions.
6. Pending cases in which the judge or members of the
judge's immediate family (spouse and minor children
residing with the judge) are parties in interest and, to the
extent personally known to the judge, pending cases in
which a party is an economic entity in which the judge or
any member of the judge's immediate family has an
interest. Cases in which a judge has been sued in the
judge's official capacity shall not be included.
7. Any fiduciary position, including executorships and
trusteeships of the judge or members of the judge's
immediate family (spouse or minor children residing
with the judge).
8. The name of the donor and a brief description of any
gifts received by the judge or members of the judge's
immediate family (spouse and minor children residing
with the judge). Gifts of transportation, food, lodging or
entertainment having a value in excess of $250 must be
reported. All other gifts having a value in excess of $100
must be reported. Gifts between the judge and the
judge's spouse, children or parents shall not be
reported.
9. Any other economic interest or relationship of the
judge or of members of the judge's immediate family
(spouse and minor children residing with the judge)
which could create a conflict of interest for the judge in
the judge's judicial capacity, other than those listed in
numbered paragraphs 1 to 8 hereof.
Prior to the first Monday in March of each year the Director
shall inform each judge by letter of the requirements of this
amended rule. The Director shall similarly inform by letter
each person who becomes a judge of the requirements of the
rule within 10 days of such person assuming office. The
Director shall include with such letter instructions concerning
the required statements, two sets of the statement forms and
one mailing envelope preaddressed to the Clerk. The letter,
instructions, and statements shall be in substantially the form
set forth below:
(Letterhead of Administrative Office of the Illinois Courts)
________________________, 19___
TO: MEMBERS OF THE JUDICIARY OF THE STATE OF
ILLINOIS
RE: Compliance with Supreme Court Rule 68
As a member of the judiciary, you are required to file an
annual statement of economic interests pursuant to Supreme
Court Rule 68. Enclosed are the necessary forms and
envelopes to be used in complying with Rule 68 on or before
___________________, 19__.
In this packet are:
(A) One copy of "Instructions Concerning Required
Statements for Members of the Judiciary of the State of
Illinois."
(B) Two copies of the form entitled "Statement Required of
Members of the Judiciary of the State of Illinois." [One copy to
be filed with the Clerk of the Supreme Court, one copy to be
retained for your records.]
(C) One 9 x 12 mailing envelope preaddressed to the Clerk of
the Supreme Court.
The Supreme Court requests you follow these instructions
carefully and asks that you be certain to return the original of
your statement in the mailing envelope furnished herewith
preaddressed to the Clerk of the Supreme Court.
FORMS FOR COMPLIANCE WITH PUBLIC ACT 77-1806,
"ILLINOIS GOVERNMENTAL ETHICS ACT," WILL BE
MAILED TO YOU UNDER SEPARATE COVER AND MUST
BE FILED SEPARATELY WITH THE SECRETARY OF
STATE.
Very truly yours,
Directorother 2
INSTRUCTIONS CONCERNING REQUIRED STATEMENTS
FOR MEMBERS OF
THE JUDICIARY OF THE STATE OF ILLINOIS
Posted April 14, 2001
FOR MEMBERS OF
THE JUDICIARY OF THE STATE OF ILLINOIS
On or before April 30, 1987, and on or before April 30,
annually thereafter, every judge of the Supreme Court, the
Appellate Court and every judge and associate judge of the
Circuit Court shall file a verified written statement (the
statement) of economic interests and relationships which may
create conflicts of interest, with the Clerk of the Illinois
Supreme Court. Such statements shall be filed by every
person who becomes a judge or associate judge within 45
days after assuming office and on or before each April 30
thereafter. However, judges who assume office on or after
December 1 and who file the statement before the following
April 30 shall not be required to file the statement due on April
30.
The statements required shall include the following
information which, except where noted, shall include
information as of the date of verification of the statement.
1. Current economic interests of the judge and
members of the judge's immediate family (spouse and
minor children residing with the judge) whether in the
form of stock, bond, dividend, interest, trust, realty, rent,
certificate of deposit, deposit in any financial institution,
pension plan, Keogh plan, Individual Retirement
Account, equity or creditor interest in any corporation,
proprietorship, partnership, instrument of indebtedness
or otherwise. Every source of noninvestment income in
the form of a fee, commission, compensation,
compensation for personal service, royalty, pension,
honorarium or otherwise must also be listed. No
reimbursement of expenses by any unit of government
and no interest in deferred compensation under a plan
administered by the State of Illinois need be listed. No
amounts need be listed in response to this paragraph.
Current economic interests shall be as of a date within
30 days preceding the date of filing the statement.
2. Former economic interests of the type required to be
disclosed in response to numbered paragraph 1 which
were held by the judge or any member of the judge's
immediate family (spouse and minor children residing
with the judge) during the year preceding the date of
verification. Current economic interests listed in
response to numbered paragraph 1 need not be listed.
No amounts need be listed in response to this
paragraph 2.
3. The names of all creditors to whom amounts in
excess of $500 are owed by the judge or members of
the judge's immediate family (spouse and minor
children residing with the judge) or were owed during
the year preceding the date of verification. For each
such obligation there is to be listed the category for the
amount owed as of the date of verification and the
maximum category for the amount of each such
obligation during the year preceding the date of
verification of the statement. The categories for
reporting the amount of each such obligation are as
follows:
(a) not more than $5,000;
(b) greater than $5,000 but not more than
$15,000;
(c) greater than $15,000 but not more than
$50,000;
(d) greater than $50,000 but not more than
$100,000;
(e) greater than $100,000 but not more than
$250,000; and
(f) greater than $250,000.
Excluded from this requirement are obligations
consisting of revolving charge accounts, with an
outstanding liability equal to or less than $5,000.
4. The name of any individual personally known by the
judge to be licensed to practice law in Illinois who is a
co-owner with the judge or members of the judge's
immediate family (spouse and minor children residing
with the judge) of any of the economic interests
disclosed in paragraphs 1 and 2, and the name of any
person who has acted as a surety or guarantor of any of
the obligations required to be disclosed in paragraph 3.
5. A list of every office, directorship and salaried
employment of the judge and members of the judge's
immediate family (spouse and minor children residing
with the judge). Exclude unsalaried positions in
religious, social or fraternal organizations, and honorary
positions.
6. Pending cases in which the judge or members of the
judge's immediate family (spouse and minor children
residing with the judge) are parties in interest, and, to
the extent personally known to the judge, pending cases
in which a party is an economic entity in which the judge
or any member of the judge's immediate family has an
interest. Cases in which a judge has been sued in the
judge's official capacity shall not be included.
7. Any fiduciary position, including executorships and
trusteeships of the judge and members of the judge's
immediate family (spouse and any minor child residing
with the judge).
8. The name of the donor and a brief description of any
gifts received by the judge or members of the judge's
immediate family (spouse and minor children residing
with the judge). Gifts of transportation, food, lodging or
entertainment having a value in excess of $250 must be
reported. All other gifts having a value in excess of $100
must be reported. Gifts between the judge and the
judge's spouse, children or parents shall not be
reported.
9. Any other economic interest or relationship of the
judge or of members of the judge's immediate family
(spouse and minor children residing with the judge)
which could create a conflict of interest for the judge in
the judge's judicial capacity other than those listed in
numbered paragraphs 1 to 8 hereof.
The Statements required herein shall be in substantially the
form titled "STATEMENT REQUIRED OF MEMBERS OF
THE JUDICIARY OF THE STATE OF ILLINOIS," which is
attached hereto as Exhibit A.
(SAMPLE)
EXHIBIT A
STATEMENT REQUIRED OF MEMBERS OF THE
JUDICIARY OF THE STATE OF ILLINOIS
1. My current economic interests and the current economic
interests of my immediate family (spouse and minor children
residing with me) are as follows:
(Here list current economic interests specified in numbered
paragraph 1 of the instructions setting forth the date (within 30
days of the date of filing) as of which said interests are being
reported.)
2. My former economic interests and the former economic
interests of my immediate family (spouse and minor children
residing with me) held during the year preceding the date of
verification.
(Here list former economic interests specified in numbered
paragraph 2 of the instructions.)
3. Creditors to whom amounts in excess of $500 are owed as
of the date of verification or were owed during the year
preceding the date of verification by me or members of my
immediate family (spouse and minor children residing with
me), exclusive of revolving charge accounts with an
outstanding liability equal to or less than $5,000, the amount
of each such obligation outstanding as of the date of
verification and the maximum amount of each such obligation
during such preceding year within the categories set forth in
paragraph numbered 3 of the instructions.
(Here list in accordance with numbered paragraph 3 of the
instructions.)
4. The name of any individual personally known by me to be
licensed to practice law in Illinois who is a co-owner with me
or members of my immediate family (spouse and minor
children residing with me) of any of the economic interests
disclosed in paragraphs 1 and 2, and the name of any person
who has acted as a surety or guarantor of any of the
obligations required to be disclosed in paragraph 3.
(Here list in accordance with numbered paragraph 4 of the
instructions.)
5. My offices, directorships, and salaried employments and
the offices, directorships and salaried employments of my
immediate family (spouse and minor children residing with
me) are as follows:
(Here list in accordance with numbered paragraph 5 of the
instructions.)
6. Pending cases in which I or members of my immediate
family (spouse and minor children residing with me) have an
interest are as follows:
(Here list pending cases in which you or members of your
immediate family are parties in interest, or an economic entity
to which you or they have an interest is a party, in accordance
with numbered paragraph 6 of the instructions.)
7. My fiduciary positions, including executorships and
directorships, and the fiduciary positions of the members of
my immediate family (my spouse and minor children residing
with me) are as follows:
(Here list fiduciary positions in accordance with numbered
paragraph 7 of the instructions.)
8. The name of the donor of gifts received by me or members
of my immediate family (spouse and minor children residing
with me) during the year preceding the date of verification, are
as follows:
(Here list gifts in accordance with numbered paragraph 8 of
the instructions.)
9. My economic interests and relationships and those of my
immediate family (spouse and minor children residing with
me), other than those listed in numbered paragraphs 1 to 8
hereof, which could create conflicts of interest for me in my
judicial capacity are as follows:
(Here insert any economic interest or relationship which might
or could create a substantial conflict of interest.)
VERIFICATION
Pursuant to Supreme Court Rule 68, I declare that this
statement of economic interest, including any accompanying
schedules and statements, as it relates to me and members
of my immediate family, has been examined by me and to the
best of my knowledge and belief is true, correct and
complete.
_____________________
Judge's Signature
_____________________
Date
Order adopted April 1, 1986. Order amended April 20 1987,
effective August 1, 1987; order amended December 30,
1993, effective January 1, 1994; order amended December
1, 1995.
RULE 69-70 - Reserved.
RULE 71 - Violation of Rules.
A judge who violates Rules 61 through 68 may be subject to
discipline by the Illinois Courts Commission.
Adopted Jan. 30, 1970, eff. March 15, 1970. Amended eff.
October 1, 1971; July 15, 1976; amended December 2,
1986, eff. January 1, 1987.
RULES 72 to 75 - Reserved.
RULE 76 - Military Service of Judges.
A judge or associate judge may serve on active duty in the
State militia or the armed forces of the United States for a
period not to exceed 30 days in each year without loss of pay
or vacation privileges and for a period not to exceed six
months in any 24-month period without being disqualified
from serving as a judge or associate judge. Adopted June 25,
1971, eff. July 1, 1971.
RULES 77 to 85 - Reserved.
email: clr@clr.org
Posted April 14, 2001
ILLINOIS CODE OF JUDICIAL CONDUCT
Preamble
Our legal system is based on the principle that an
independent, fair and competent judiciary will interpret and
apply the laws that govern us. The role of the judiciary is
central to American concepts of justice and the rule of law.
Intrinsic to all provisions of this code are precepts that judges,
individually and collectively, must respect and honor the
judicial office as a public trust and strive to enhance and
maintain confidence in our legal system. The judge is an
arbiter of facts and law for the resolution of disputes and a
highly visible symbol of government under the rule of law.
The Code of Judicial Conduct is intended to establish
standards for ethical conduct of judges. It consists of broad
statements called canons, specific rules set forth in lettered
subsections under each canon, and Committee Commentary.
The text of the canons and the rules is authoritative. The
Committee Commentary, by explanation, and example,
provides guidance with respect to the purpose and meaning
of the canons and rules. The Commentary is not intended as a
statement of additional rules.
The canons and rules are rules of reason. They should be
applied consistent with constitutional requirements, statutes,
other court rules and decisional law and in the context of all
relevant circumstances. The Code is to be construed so as
not to impinge on the essential independence of judges in
making judicial decisions.
The Code is designed to provide guidance to judges and
candidates for judicial office and to provide a structure for
regulating conduct through disciplinary agencies. It is not
designed or intended as a basis for civil liability or criminal
prosecution. Furthermore, the purpose of the Code would be
subverted if the Code were invoked by lawyers for mere
tactical advantage in a proceeding.
The canons are not standards of discipline in themselves, but
express the policy consideration underlying the rules
contained within the canons. The text of the rules is intended
to govern conduct of judges and to be binding upon them. It is
not intended, however, that every transgression will result in
disciplinary action. Whether disciplinary action is appropriate,
and the degree of discipline to be imposed, should be
determined through a reasonable and reasoned application
of the text of the rules and should depend on such factors as
the seriousness of the transgression, whether there is a
pattern of improper activity and the effect of the improper
activity on others or on the judicial system.
The Code of Judicial Conduct is not intended as an
exhaustive guide for the conduct of judges. They should also
be governed in their judicial and personal conduct by general
ethical standards. The Code is intended, however, to state
basic standards which should govern the conduct of all judges
and to provide guidance to assist judges in establishing and
maintaining high standards of judicial and personal conduct.
Adopted eff. Aug. 6, 1993.
Terminology
"Candidate." A candidate is a person seeking public election
for or public retention in judicial office. A person becomes a
candidate for judicial office as soon as he or she makes a
public announcement of candidacy, declares or files as a
candidate with the election authority, or authorizes solicitation
or acceptance of contributions or support.
"Court personnel" does not include the lawyers in a
proceeding before a judge.
"De minimis" denotes an insignificant interest that could not
raise reasonable question as to a judge's impartiality.
"Economic interest" denotes ownership of a more than de
minimis legal or equitable interest, or a relationship as officer,
director, advisor or other active participant in the affairs of a
party, except that:
(i) ownership of an interest in a mutual or common
investment fund that holds securities is not an
economic interest in such securities unless the judge
participates in the management of the fund or a
proceeding pending or impending before the judge
could substantially affect the value of the interest;
(ii) service by a judge as an officer, director, advisor or
other active participant in an educational, religious,
charitable, fraternal or civic organization, or service by
a judge's spouse, parent or child as an officer, director,
advisor or other active participant in any organization
does not create an economic interest in securities held
by that organization;
(iii) a deposit in a financial institution, the proprietary
interest of a policyholder in a mutual insurance
company, of a depositor in a mutual savings
association or of a member in a credit union, or a
similar proprietary interest, is not an economic interest
in the organization unless a proceeding pending or
impending before the judge could substantially affect
the value of the interest;
(iv) ownership of government securities is not an
economic interest in the issuer unless a proceeding
pending or impending before the judge could
substantially affect the value of the securities.
"Fiduciary" includes such relationships as executor,
administrator, trustee, and guardian.
"He." Whenever this pronoun is used it includes the feminine
as well as the masculine form.
"Judge" includes circuit and associate judges and judges of
the appellate and supreme court.
"Knowingly," "knowledge," "known" or "knows" denotes actual
knowledge of the fact in question. A person's knowledge may
be inferred from circumstances.
"Law" denotes court rules as well as statutes, constitutional
provisions and decisional law.
"Member of a candidate's/judge's family" denotes a spouse,
child, grandchild, parent, grandparent or other relative or
person with whom the candidate maintains a close familial
relationship.
"Member of the judge's family residing in the judge's
household" denotes any relative of a judge by blood or
marriage, or a person treated by a judge as a member of the
judge's family, who resides in the judge's household.
"Political organization" denotes a political party or other
group, the principal purpose of which is to further the election
or appointment of candidates to political office.
"Public election." This term includes primary and general
elections; it includes partisan elections, non-partisan elections
and retention elections.
"Require." The rules prescribing that a judge "require" certain
conduct of others are, like all of the rules in this Code, rules of
reason. The use of the term "require" in that context means a
judge is to exercise reasonable direction and control over the
conduct of those persons subject to the judge's direction and
control.
"Third degree of relationship." The following persons are
relatives within the third degree or relationship:
great-grandparent, grandparent, parent, uncle, aunt, brother,
sister, child, grandchild, great-grandchild, nephew or niece.
Adopted eff. Aug. 6, 1993.
RULE 61 - CANON 1
A Judge Should Uphold the Integrity
and Independence of the Judiciary
An independent and honorable judiciary is indispensable to
justice in our society. A judge should participate in
establishing, maintaining, and enforcing, and should
personally observe, high standards of conduct so that the
integrity and independence of the judiciary may be preserved.
The provisions of this Code should be construed and applied
to further that objective.
Adopted Dec. 2, 1986, eff. Jan. 1, 1987. Amended eff. Aug.
6, 1993; Oct. 15, 1993.
RULE 62 - CANON 2
A Judge Should Avoid Impropriety and
the Appearance of Impropriety in All of the Judge's
Activities
A. A judge should respect and comply with the law and should
conduct himself or herself at all times in a manner that
promotes public confidence in the integrity and impartiality of
the judiciary.
B. A judge should not allow the judge's family, social or other
relationships to influence the judge's judicial conduct or
judgment. A judge should not lend the prestige of judicial
office to advance the private interests of others; nor should a
judge convey or permit others to convey the impression that
they are in a special position to influence the judge. A judge
should not testify voluntarily as a character witness.
Adopted Dec. 2, 1986, eff. Jan. 1, 1987. Amended eff. Oct.
15, 1993.
RULE 63 - CANON 3
A Judge Should Perform the Duties of Judicial Office
Impartially and Diligently
The judicial duties of a judge take precedence over all the
judge's other activities. The judge's judicial duties include all
the duties of the judge's office prescribed by law. In the
performance of these duties, the following standards apply:
A. Adjudicative Responsibilities.
(1) A judge should be faithful to the law and maintain
professional competence in it. A judge should be unswayed
by partisan interests, public clamor, or fear of criticism.
(2) A judge should maintain order and decorum in
proceedings before the judge.
(3) A judge should be patient, dignified, and courteous to
litigants, jurors, witnesses, lawyers, and others with whom the
judge deals in an official capacity, and should require similar
conduct of lawyers, and of staff, court officials, and others
subject to the judge's direction and control.
(4) A judge shall accord to every person who has a legal
interest in a proceeding, or that person's lawyer, the right to
be heard according to law. A judge shall not initiate, permit, or
consider ex parte communications, or consider other
communications made to the judge outside the presence of
the parties concerning a pending or impending proceeding
except that:
(a) Where circumstances require, ex parte
communications for scheduling, administrative
purposes or emergencies that do not deal with
substantive matters or issues on the merits are
authorized; provided:
(i) the judge reasonably believes that no party will
gain a procedural or tactical advantage as a result
of the ex parte communication, and
(ii) the judge makes provision promptly to notify all
other parties of the substance of the ex parte
communication and allows an opportunity to
respond.
(b) A judge may consult with court personnel whose
function is to aid the judge in carrying out the judge's
adjudicative responsibilities or with other judges.
(c) A judge may, with the consent of the parties, confer
separately with the parties and their lawyers in an effort
to mediate or settle matters pending before the judge.
(d) A judge may initiate or consider any ex parte
communications when expressly authorized by law to do
so.
(5) A judge shall devote full time to his or her judicial duties;
and should dispose promptly of the business of the court.
(6) A judge should abstain from public comment about a
pending, or impending proceeding in any court, and should
require similar abstention on the part of court personnel
subject to the judge's direction and control. This paragraph
does not prohibit judges from making public statements in the
course of their official duties or from explaining for public
information the procedures of the court.
(7) Proceedings in court should be conducted with fitting
dignity, decorum, and without distraction. The taking of
photographs in the courtroom during sessions of the court, or
recesses between proceedings, and the broadcasting or
televising of court proceedings is permitted only to the extent
authorized by order of the Supreme Court.
(8) A judge shall perform judicial duties without bias or
prejudice. A judge shall not, in the performance of judicial
duties, by words or conduct manifest bias or prejudice,
including but not limited to bias or prejudice based upon race,
sex, religion, or national origin, and shall not permit staff, court
officials and others subject to the judge's direction and control
to do so.
(9) Proceedings before a judge shall be conducted without
any manifestation, by words or conduct, of prejudice based
upon race, sex, religion, or national origin, by parties, jurors,
witnesses, counsel, or others. This section does not preclude
legitimate advocacy when these or similar factors are issues
in the proceedings.
B. Administrative Responsibilities.
(1) A judge should diligently discharge the judge's
administrative responsibilities, maintain professional
competence in judicial administration, and facilitate the
performance of the administrative responsibilities of other
judges and court officials.
(2) A judge should require staff, court officials and others
subject to the judge's direction and control to observe the
standards of fidelity and diligence that apply to the judge.
(3) A judge having knowledge of a violation of these canons
on the part of a judge or a violation of Rule 8.4 of the Rules of
Professional Conduct on the part of a lawyer shall take or
initiate appropriate disciplinary measures.
(4) A judge should not make unnecessary appointments. A
judge should exercise the power of appointment on the basis
of merit, avoiding nepotism and favoritism. A judge should not
approve compensation of appointees beyond the fair value of
services rendered.
(5) A judge should refrain from casting a vote for the
appointment or reappointment to the office of associate
judge, of the judge's spouse or of any person known by the
judge to be within the third degree of relationship to the judge
or the judge's spouse (or the spouse of such a person.)
C. Disqualification.
(1) A judge shall disqualify himself or herself in a proceeding
in which the judge's impartiality might reasonably be
questioned, including but not limited to instances where:
(a) the judge has a personal bias or prejudice
concerning a party or a party's lawyer, or personal
knowledge of disputed evidentiary facts concerning the
proceeding;
(b) the judge served as a lawyer in the matter in
controversy, or a lawyer with whom the judge previously
practiced law served during such association as a
lawyer concerning the matter, or the judge has been a
material witness concerning it;
(c) the judge was, within the preceding three years,
associated in the private practice of law with any law
firm or lawyer currently representing any party in the
controversy (provided that referral of cases when no
monetary interest was retained shall not be deemed an
association within the meaning of this subparagraph) or,
for a period of seven years following the last date on
which the judge represented any party to the controversy
while the judge was an attorney engaged in the private
practice of law;
(d) the judge knows that he or she, individually or as a
fiduciary, or the judge's spouse, parent or child
wherever residing, or any other member of the judge's
family residing in the judge's household, has an
economic interest in the subject matter in controversy or
in a party to the proceeding, or has any other more than
de minimis interest that could be substantially affected
by the proceeding; or
(e) the judge or the judge's spouse, or a person within
the third degree of relationship to either of them, or the
spouse of such a person;
(i) is a party to the proceeding, or an officer,
director, or trustee of a party;
(ii) is acting as a lawyer in the proceeding;
(iii) is known by the judge to have a more than de
minimis interest that could be substantially
affected by the proceeding; or
(iv) is to the judge's knowledge likely to be a
material witness in the proceeding.
(2) A judge shall keep informed about the judge's personal
and fiduciary economic interests, and make a reasonable
effort to keep informed about the personal economic interests
of the judge's spouse and minor children residing in the
judge's household.
D. Remittal of Disqualification.
A judge disqualified by the terms of Section 3C may disclose
on the record the basis of the judge's disqualification and may
ask the parties and their lawyers to consider, out of the
presence of the judge, whether to waive disqualification. If
following disclosure of any basis for disqualification other than
personal bias or prejudice concerning a party, the parties and
lawyers, without participation by the judge, all agree that the
judge should not be disqualified, and the judge is then willing
to participate, the judge may participate in the proceeding.
This agreement shall be incorporated in the record of the
proceeding.
Adopted Dec. 2, 1986, eff. Jan. 1, 1987. Amended June 12,
1987, eff. Aug. 1, 1987; amended eff. Nov. 25, 1987; Aug. 6,
1993; Oct. 15, 1993.
RULE 64 - CANON 4
A Judge May Engage in Activities to Improve the Law,
the Legal System and the Administration of Justice
A judge, subject to the proper performance of his or her
judicial duties, may engage in the following law-related
activities, if in doing so the judge does not cast doubt on his
or her capacity to decide impartially any issue that may come
before him or her.
A. A judge may speak, write, lecture, teach, and participate in
other activities concerning the law, the legal system, and the
administration of justice. However, a judge may not regularly
engage in instructing or teaching a course of instruction on a
business day unless:
(1) the teaching or instructing will occur no earlier than
5:30 p.m.; and
(2) he or she has filed with the Director of the
Administrative Office of the Illinois Courts a certificate
from the supervising judge which certifies that the
contemplated teaching or instructing will not interfere
with the proper performance of his or her judicial duties.
Such certificate shall indicate the course of instruction to
be taught or expected to be taught and the number of
semester or quarter hours of the course, shall be
effective until the conclusion of the course, and shall be
in the following form:
CERTIFICATION FOR TEACHING ACTIVITIES
Pursuant to Supreme Court Rule 64, Judge
_________________________ has made known to me that
he/she intends to teach or instruct a course in
____________________________ during the
__________________ of 199__, and that the course is
__________ [ ] semester [ ] quarter hours. As his/her
supervising judge, I hereby certify that the teaching or
instructing as described to me will not interfere with the proper
performance of the judge's judicial duties.
This certification expires at the completion of the above
mentioned course.
______________________________
Supervising Judge
For purposes of this subsection A, "course of instruction" is a
series of lessons or classes which are coordinated, arranged
or presented to provide coverage of any subject; "business
day" is any calendar day, except a Saturday or Sunday; and
"supervising judge" is the chief circuit judge where the judge
obtaining the certification is a circuit judge or an associate
judge, the presiding judge where the judge obtaining the
certification is an appellate court judge, and the chief justice
of the Supreme Court where the judge obtaining the
certification is a presiding judge or chief circuit judge or judge
of the Supreme Court.
B. A judge may appear at a public hearing before an
executive or legislative body or official on matters concerning
the law, the legal system, and the administration of justice,
and he or she may otherwise consult with an executive or
legislative body or official, but only on matters concerning the
administration of justice.
C. A judge may serve as a member, officer, or director of an
organization or governmental agency devoted to the
improvement of the law, the legal system, or the
administration of justice. He or she may assist such an
organization in raising funds and may participate in their
management and investment, but should not personally
participate in public fundraising activities. He or she may
make recommendations to public and private fund-granting
agencies on projects and programs concerning the law, the
legal system, and the administration of justice.
Adopted Dec. 2, 1986, eff. Jan. 1, 1987; Amended June 4,
1991, eff. Aug. 1, 1991.
RULE 65 - CANON 5
A Judge Should Regulate His or Her Extrajudicial
Activities to Minimize the Risk of Conflict
With the Judge's Judicial Duties
A. Avocational Activities.
A judge may write, lecture, teach, and speak on nonlegal
subjects, and engage in the arts, sports, and other social and
recreational activities, if such avocational activities do not
detract from the dignity of the judge's office or interfere with
the performance of the judge's judicial duties.
B. Civic and Charitable Activities.
A judge may participate in civic and charitable activities that
do not reflect adversely upon the judge's impartiality or
interfere with the performance of the judge's judicial duties. A
judge may serve as an officer, director, trustee, or nonlegal
advisor of an educational, religious, charitable, fraternal, or
civic organization not conducted for the economic or political
advantage of its members, subject to the following limitations:
(1) A judge should not serve if it is likely that the
organization will be engaged in proceedings that would
ordinarily come before the judge or will be regularly
engaged in adversary proceedings in any court.
(2) A judge should not solicit or permit his or her name
to be used in any manner to solicit funds or other
assistance for any such organization. A judge should not
allow his or her name to appear on the letterhead of any
such organization where the stationery is used to solicit
funds and should not permit the judge's staff, court
officials or others subject to the judge's direction or
control to solicit on the judge's behalf for any purpose,
charitable or otherwise. A judge should not be a
speaker or the guest of honor at an organization's
fund-raising events, but he or she may attend such
events.
C. Financial Activities.
(1) A judge should refrain from financial and business
dealings that tend to reflect adversely on the judge's
impartiality, interfere with the proper performance of the
judge's judicial duties, exploit the judge's judicial position, or
involve the judge in frequent transactions with lawyers or
persons likely to come before the court on which the judge
serves.
(2) Subject to the requirements of subsection (1), a judge may
hold and manage investments, including real estate, and
engage in the activities usually incident to the ownership of
such investments, but a judge should not assume an active
role in the management or serve as an officer, director, or
employee of any business.
(3) A judge should manage his or her investments and other
financial interests to minimize the number of cases in which
the judge is disqualified. As soon as the judge can do so
without serious financial detriment, the judge should divest
himself or herself of investments and other financial interests
that might require frequent disqualification.
(4) Neither a judge nor a member of the judge's family
residing in the judge's household should accept a gift,
bequest, favor, or loan from anyone except as follows:
(a) a judge may accept a gift incident to a public
testimonial to the judge; books supplied by publishers
on a complimentary basis for official use; or an invitation
to the judge and the judge's spouse to attend a
bar-related function or activity devoted to the
improvement of the law, the legal system, or the
administration of justice;
(b) a judge or a member of the judge's family residing in
the judge's household may accept ordinary social
hospitality; a gift, bequest, favor, or loan from a relative;
a wedding or engagement gift; a loan from a lending
institution in its regular course of business on the same
terms generally available to persons who are not
judges; or a scholarship or fellowship awarded on the
same terms applied to other applicants;
(c) a judge or a member of the judge's family residing in
the judge's household may accept any other gift,
bequest, favor, or loan only if the donor is not a party or
other person whose interests have come or are likely to
come before the judge, including lawyers who practice
or have practiced before the judge.
(5) Information acquired by a judge in the judge's judicial
capacity should not be used or disclosed by the judge in
financial dealings or for any other purpose not related to the
judge's judicial duties.
D. Fiduciary Activities.
A judge should not serve as the executor, administrator,
trustee, guardian, or other fiduciary, except for the estate,
trust, or person of a member of the judge's family, and then
only if such service will not interfere with the proper
performance of the judge's judicial duties. As a family
fiduciary a judge is subject to the following restrictions.
(1) The judge should not serve if it is likely that as a
fiduciary the judge will be engaged in proceedings that
would ordinarily come before the judge, or if the estate,
trust, or ward becomes involved in adversary
proceedings in the court on which the judge serves or
one under its appellate jurisdiction.
(2) While acting as a fiduciary a judge is subject to the
same restrictions on financial activities that apply to the
judge in his or her personal capacity.
E. Arbitration.
A judge should not act as an arbitrator or mediator.
F. Practice of Law.
A judge should not practice law.
G. Extrajudicial Appointments.
A judge should not accept appointment to a governmental
committee, commission or other position that is concerned
with issues of fact or policy on matters other than the
improvement of the law, the legal system, or the
administration of justice. A judge, however, may represent his
or her country, State, or locality on ceremonial occasions or in
connection with historical, educational and cultural activities.
Adopted Dec. 2, 1986, eff. Jan. 1, 1987. Amended eff. Oct.
15, 1993.
RULE 66 - CANON 6
Nonjudicial Compensation and Annual Statement of
Economic Interests
A judge may not receive compensation for the law-related and
extrajudicial activities permitted by this Code; however, he or
she may receive an honorarium and reimbursement of
expenses if the source of such payments does not give the
appearance of influencing the judge in his or her judicial
duties or otherwise give the appearance of impropriety. For
purposes of this canon, "compensation" is a sum of money or
other thing of value paid by a person or entity to a judge for
services provided or performed. Compensation shall not be
construed to include investment or interest income or other
income that is unrelated to the work or services provided or
performed by the judge; nor shall compensation be construed
to include a sum of money or other thing of value paid for
writings.
A. Honorarium.
An honorarium should not exceed a reasonable amount nor
should it exceed what a person who is not a judge would
receive for the same activity. The total honoraria received by
a judge within a six-month period shall not exceed $5,000.
B. Expense Reimbursement.
Expense reimbursement shall be limited to the actual cost of
travel, food and lodging reasonably incurred by the judge and,
where appropriate to the occasion, by the judge's spouse.
C. Annual Declarations of Economic Interests.
A judge shall file a statement of economic interests as
required by Rule 68, as amended effective August 1, 1986,
and thereafter.
Adopted Dec. 2, 1986, eff. Jan. 1, 1987. Amended June 4,
1991, eff. Aug. 1, 1991; April 1, 1992, eff. Aug. 1, 1992:
amended eff. Oct. 15, 1993; Dec. 13, 1996.
RULE 67 - CANON 7
A Judge or Judicial Candidate Shall Refrain
from Inappropriate Political Activity
A. All Judges and Candidates.
(1) Except as authorized in subsections B (1)(b) and B (3), a
judge or a candidate for election to judicial office shall not:
(a) act as a leader or hold an office in a political
organization;
(b) publicly endorse or publicly oppose another
candidate for public office;
(c) make speeches on behalf of a political organization;
(d) solicit funds for, or pay an assessment to a political
organization or candidate.
(2) A judge shall resign from judicial office upon becoming a
candidate for a nonjudicial office either in a primary or in a
general election.
(3) A candidate for a judicial office:
(a) shall maintain the dignity appropriate to judicial
office and act in a manner consistent with the integrity
and independence of the judiciary, and shall encourage
members of the candidate's family to adhere to the
same standards of political conduct in support of the
candidate as apply to the candidate;
(b) shall prohibit employees and officials who serve at
the pleasure of the candidate, and shall discourage
other employees and officials subject to the candidate's
direction and control from doing on the candidate's
behalf what the candidate is prohibited from doing
under the provisions of this Canon;
(c) except to the extent permitted by subsection B (2),
shall not authorize or knowingly permit any other person
to do for the candidate what the candidate is prohibited
from doing under the provisions of this Canon;
(d) shall not:
(i) make statements that commit or appear to
commit the candidate with respect to cases,
controversies or issues within cases that are likely
to come before the court; or
(ii) knowingly misrepresent the identity,
qualifications, present position or other fact
concerning the candidate or an opponent; and
(e) may respond to personal attacks or attacks on the
candidate's record as long as the response does not
violate subsection A (3)(d).
B. Authorized Activities for Judges and Candidates.
(1) A judge or candidate may, except as prohibited by law:
(a) at any time
(i) purchase tickets for and attend political
gatherings;
(ii) identify himself or herself as a member of a
political party; and
(iii) contribute to a political organization.
(b) when a candidate for public election
(i) speak to gatherings on his or her own behalf;
(ii) appear in newspaper, television and other
media advertisements supporting his or her
candidacy;
(iii) distribute pamphlets and other promotional
literature supporting his or her candidacy; and
(iv) publicly endorse or publicly oppose other
candidates in a public election in which the judge
or judicial candidate is running.
(2) A candidate shall not personally solicit or accept
campaign contributions. A candidate may establish
committees of responsible persons to conduct campaigns for
the candidate through media advertisements, brochures,
mailings, candidate forums and other means not prohibited by
law. Such committees may solicit and accept reasonable
campaign contributions, manage the expenditure of funds for
the candidate's campaign and obtain public statements of
support for his or her candidacy. Such committees are not
prohibited from soliciting and accepting reasonable
campaign contributions and public support from lawyers. A
candidate's committees may solicit contributions and public
support for the candidate's campaign no earlier than one year
before an election and no later than 90 days after the last
election in which the candidate participates during the
election year. A candidate shall not use or permit the use of
campaign contributions for the private benefit of the candidate
or others.
(3) Except as prohibited by law, a candidate for judicial office
in a public election may permit the candidate's name: (a) to
be listed on election materials along with the names of other
candidates for elective public office, and (b) to appear in
promotions of the ticket.
C. Incumbent Judges.
A judge shall not engage in any political activity except (i) as
authorized under any other provision of this Code, (ii) on
behalf of measures to improve the law, the legal system or the
administration of justice, or (iii) as expressly authorized by
law.
D. Applicability.
Canon 7 generally applies to all incumbent judges and judicial
candidates. A successful candidate, whether or not an
incumbent, is subject to judicial discipline for his or her
campaign conduct; an unsuccessful candidate who is a
lawyer is subject to lawyer discipline for his or her campaign
conduct. A lawyer who is a candidate for judicial office is
subject to Rule 8.2(b) of the Rules of Professional Conduct.
Adopted Dec. 2, 1986, eff. Jan. 1, 1987. Amended April 20,
1987, eff. Aug. 1, 1987; amended eff. Aug. 6, 1993; March
24, 1994.
RULE 68 - Declaration of Economic Interests
A judge shall file annually with the Clerk of the Illinois Supreme
Court (the Clerk) a verified written statement of economic
interests and relationships of the judge and members of the
judge's immediate family (the statement).
As statements are filed in the Clerk's office, the Clerk shall
cause the fact of that filing to be indicated on alphabetical
listing of judges who are required to file such statements.
Blank statement forms shall be furnished to the Administrative
Office of the Illinois Courts (the Director).
Any person who files or has filed a statement under this rule
shall receive from the Clerk a receipt indicating that the
person has filed such a statement and the date of such filing.
All statements filed under this rule shall be available for
examination by the public during business hours in the Clerk's
office in Springfield or in the satellite office of the Clerk in
Chicago. Original copies will be maintained only in
Springfield, but requests for examination submitted in
Chicago will be satisfied promptly. Each person requesting
examination of a statement or portion thereof must first fill out
a form prepared by the Director specifying the statement
requested, identifying the examiner by name, occupation,
address and telephone number, and listing the date of the
request and the reason for such request. The Director shall
supply such forms to the Clerk and replenish such forms upon
request. Copies of statements or portions of statements will
be supplied to persons ordering them upon payment of such
reasonable fee per page as is required by the Clerk. Payment
may be by check or money order in the exact amount due.
The Clerk shall promptly notify each judge required to file a
statement under this rule of each instance of an examination
of the statement by sending the judge a copy of the
identification form filled out by the person examining the
statement.
The contents of the statement required by this rule shall be as
specified by administrative order of this court. Adopted eff.
March 15, 1970; Amended April 1, 1986, eff. Aug. 1, 1986.
IN THE SUPREME COURT OF
THE STATE OF ILLINOIS
ADMINISTRATIVE ORDER
Order entered April 1, 1986:
The verified statements of economic interests and
relationships referred to in our Rule 68, as amended effective
August 1, 1986, shall be filed by all judges on or before April
30, 1987, and on or before April 30, annually thereafter. Such
statements shall also be filed by every person who becomes
a judge, within 45 days after assuming office. However,
judges who assume office on or after December 1 and who
file the statement before the following April 30 shall not be
required to file the statement due on April 30. The form of
such statements shall be as provided by the Administrative
Director of the Illinois Courts, and they shall include all
information required by Rule 68 and this order, including:
1. Current economic interests of the judge and
members of the judge's immediate family (spouse and
minor children residing with the judge) whether in the
form of stock, bond, dividend, interest, trust. realty, rent,
certificate of deposit, deposit in any financial institution,
pension plan, Keogh plan, Individual Retirement
Account, equity or creditor interest in any corporation,
proprietorship, partnership, instrument of indebtedness
or otherwise. Every source of noninvestment income in
the form of a fee, commission, compensation,
compensation for personal service, royalty, pension,
honorarium or otherwise must also be listed. No
reimbursement of expenses by any unit of government
and no interest to deferred compensation under a plan
administered by the State of Illinois need be listed. No
amounts or account numbers need be listed in
response to this paragraph 1. Current economic
interests shall be as of a date within 30 days
proceeding the date of filing the statement.
2. Former economic interests of the type required to be
disclosed in response to numbered paragraph 1 which
were held by the judge or any member of the judge's
immediate family (spouse and minor children residing
with the judge) during the year preceding the date of
verification. Current economic interests listed in
response to numbered paragraph 1 need not be listed.
No amounts or account numbers need be listed in
response to this paragraph 2.
3. The names of all creditors to whom amounts in
excess of $500 are owed by the judge or members of
the judge's immediate family (spouse and minor
children residing with the judge) or were owed during
the year proceeding the date of verification. For each
such obligation there is to be listed the category for the
amount owed as of the date of verification and the
maximum category for the amount of each such
obligation during the year preceding the date of
verification of the statement. The categories for
reporting the amount of each such obligation are as
follows:
(a) not more than $5,000;
(b) greater than $5,000 but not more than
$15,000;
(c) greater than $15,000 but not more than
$50,000;
(d) greater than $50,000 but not more than
$100,000;
(e) greater than $100,000 but not more than
$250,000; and
(f) greater than $250,000.
Excluded from this requirement are obligations
consisting of revolving charge accounts, with an
outstanding liability equal to or less than $5,000.
4. The name of any individual personally known by the
judge to be licensed to practice law in Illinois who is a
co-owner with the judge or members of the judge's
immediate family (spouse and minor children residing
with the judge) of any of the economic interests
disclosed in paragraphs 1 and 2, and the name of any
person who has acted as a surety or guarantor of any of
the obligations required to be disclosed in paragraph 3.
5. A list of every office, directorship and salaried
employment of the judge and members of the judge's
immediate family (spouse and minor children residing
with the judge). Exclude unsalaried positions in
religious, social or fraternal organizations, and honorary
positions.
6. Pending cases in which the judge or members of the
judge's immediate family (spouse and minor children
residing with the judge) are parties in interest and, to the
extent personally known to the judge, pending cases in
which a party is an economic entity in which the judge or
any member of the judge's immediate family has an
interest. Cases in which a judge has been sued in the
judge's official capacity shall not be included.
7. Any fiduciary position, including executorships and
trusteeships of the judge or members of the judge's
immediate family (spouse or minor children residing
with the judge).
8. The name of the donor and a brief description of any
gifts received by the judge or members of the judge's
immediate family (spouse and minor children residing
with the judge). Gifts of transportation, food, lodging or
entertainment having a value in excess of $250 must be
reported. All other gifts having a value in excess of $100
must be reported. Gifts between the judge and the
judge's spouse, children or parents shall not be
reported.
9. Any other economic interest or relationship of the
judge or of members of the judge's immediate family
(spouse and minor children residing with the judge)
which could create a conflict of interest for the judge in
the judge's judicial capacity, other than those listed in
numbered paragraphs 1 to 8 hereof.
Prior to the first Monday in March of each year the Director
shall inform each judge by letter of the requirements of this
amended rule. The Director shall similarly inform by letter
each person who becomes a judge of the requirements of the
rule within 10 days of such person assuming office. The
Director shall include with such letter instructions concerning
the required statements, two sets of the statement forms and
one mailing envelope preaddressed to the Clerk. The letter,
instructions, and statements shall be in substantially the form
set forth below:
(Letterhead of Administrative Office of the Illinois Courts)
________________________, 19___
TO: MEMBERS OF THE JUDICIARY OF THE STATE OF
ILLINOIS
RE: Compliance with Supreme Court Rule 68
As a member of the judiciary, you are required to file an
annual statement of economic interests pursuant to Supreme
Court Rule 68. Enclosed are the necessary forms and
envelopes to be used in complying with Rule 68 on or before
___________________, 19__.
In this packet are:
(A) One copy of "Instructions Concerning Required
Statements for Members of the Judiciary of the State of
Illinois."
(B) Two copies of the form entitled "Statement Required of
Members of the Judiciary of the State of Illinois." [One copy to
be filed with the Clerk of the Supreme Court, one copy to be
retained for your records.]
(C) One 9 x 12 mailing envelope preaddressed to the Clerk of
the Supreme Court.
The Supreme Court requests you follow these instructions
carefully and asks that you be certain to return the original of
your statement in the mailing envelope furnished herewith
preaddressed to the Clerk of the Supreme Court.
FORMS FOR COMPLIANCE WITH PUBLIC ACT 77-1806,
"ILLINOIS GOVERNMENTAL ETHICS ACT," WILL BE
MAILED TO YOU UNDER SEPARATE COVER AND MUST
BE FILED SEPARATELY WITH THE SECRETARY OF
STATE.
Very truly yours,
Director
INSTRUCTIONS CONCERNING REQUIRED STATEMENTS
FOR MEMBERS OF
THE JUDICIARY OF THE STATE OF ILLINOIS
On or before April 30, 1987, and on or before April 30,
annually thereafter, every judge of the Supreme Court, the
Appellate Court and every judge and associate judge of the
Circuit Court shall file a verified written statement (the
statement) of economic interests and relationships which may
create conflicts of interest, with the Clerk of the Illinois
Supreme Court. Such statements shall be filed by every
person who becomes a judge or associate judge within 45
days after assuming office and on or before each April 30
thereafter. However, judges who assume office on or after
December 1 and who file the statement before the following
April 30 shall not be required to file the statement due on April
30.
The statements required shall include the following
information which, except where noted, shall include
information as of the date of verification of the statement.
1. Current economic interests of the judge and
members of the judge's immediate family (spouse and
minor children residing with the judge) whether in the
form of stock, bond, dividend, interest, trust, realty, rent,
certificate of deposit, deposit in any financial institution,
pension plan, Keogh plan, Individual Retirement
Account, equity or creditor interest in any corporation,
proprietorship, partnership, instrument of indebtedness
or otherwise. Every source of noninvestment income in
the form of a fee, commission, compensation,
compensation for personal service, royalty, pension,
honorarium or otherwise must also be listed. No
reimbursement of expenses by any unit of government
and no interest in deferred compensation under a plan
administered by the State of Illinois need be listed. No
amounts need be listed in response to this paragraph.
Current economic interests shall be as of a date within
30 days preceding the date of filing the statement.
2. Former economic interests of the type required to be
disclosed in response to numbered paragraph 1 which
were held by the judge or any member of the judge's
immediate family (spouse and minor children residing
with the judge) during the year preceding the date of
verification. Current economic interests listed in
response to numbered paragraph 1 need not be listed.
No amounts need be listed in response to this
paragraph 2.
3. The names of all creditors to whom amounts in
excess of $500 are owed by the judge or members of
the judge's immediate family (spouse and minor
children residing with the judge) or were owed during
the year preceding the date of verification. For each
such obligation there is to be listed the category for the
amount owed as of the date of verification and the
maximum category for the amount of each such
obligation during the year preceding the date of
verification of the statement. The categories for
reporting the amount of each such obligation are as
follows:
(a) not more than $5,000;
(b) greater than $5,000 but not more than
$15,000;
(c) greater than $15,000 but not more than
$50,000;
(d) greater than $50,000 but not more than
$100,000;
(e) greater than $100,000 but not more than
$250,000; and
(f) greater than $250,000.
Excluded from this requirement are obligations
consisting of revolving charge accounts, with an
outstanding liability equal to or less than $5,000.
4. The name of any individual personally known by the
judge to be licensed to practice law in Illinois who is a
co-owner with the judge or members of the judge's
immediate family (spouse and minor children residing
with the judge) of any of the economic interests
disclosed in paragraphs 1 and 2, and the name of any
person who has acted as a surety or guarantor of any of
the obligations required to be disclosed in paragraph 3.
5. A list of every office, directorship and salaried
employment of the judge and members of the judge's
immediate family (spouse and minor children residing
with the judge). Exclude unsalaried positions in
religious, social or fraternal organizations, and honorary
positions.
6. Pending cases in which the judge or members of the
judge's immediate family (spouse and minor children
residing with the judge) are parties in interest, and, to
the extent personally known to the judge, pending cases
in which a party is an economic entity in which the judge
or any member of the judge's immediate family has an
interest. Cases in which a judge has been sued in the
judge's official capacity shall not be included.
7. Any fiduciary position, including executorships and
trusteeships of the judge and members of the judge's
immediate family (spouse and any minor child residing
with the judge).
8. The name of the donor and a brief description of any
gifts received by the judge or members of the judge's
immediate family (spouse and minor children residing
with the judge). Gifts of transportation, food, lodging or
entertainment having a value in excess of $250 must be
reported. All other gifts having a value in excess of $100
must be reported. Gifts between the judge and the
judge's spouse, children or parents shall not be
reported.
9. Any other economic interest or relationship of the
judge or of members of the judge's immediate family
(spouse and minor children residing with the judge)
which could create a conflict of interest for the judge in
the judge's judicial capacity other than those listed in
numbered paragraphs 1 to 8 hereof.
The Statements required herein shall be in substantially the
form titled "STATEMENT REQUIRED OF MEMBERS OF
THE JUDICIARY OF THE STATE OF ILLINOIS," which is
attached hereto as Exhibit A.
(SAMPLE)
EXHIBIT A
STATEMENT REQUIRED OF MEMBERS OF THE
JUDICIARY OF THE STATE OF ILLINOIS
1. My current economic interests and the current economic
interests of my immediate family (spouse and minor children
residing with me) are as follows:
(Here list current economic interests specified in numbered
paragraph 1 of the instructions setting forth the date (within 30
days of the date of filing) as of which said interests are being
reported.)
2. My former economic interests and the former economic
interests of my immediate family (spouse and minor children
residing with me) held during the year preceding the date of
verification.
(Here list former economic interests specified in numbered
paragraph 2 of the instructions.)
3. Creditors to whom amounts in excess of $500 are owed as
of the date of verification or were owed during the year
preceding the date of verification by me or members of my
immediate family (spouse and minor children residing with
me), exclusive of revolving charge accounts with an
outstanding liability equal to or less than $5,000, the amount
of each such obligation outstanding as of the date of
verification and the maximum amount of each such obligation
during such preceding year within the categories set forth in
paragraph numbered 3 of the instructions.
(Here list in accordance with numbered paragraph 3 of the
instructions.)
4. The name of any individual personally known by me to be
licensed to practice law in Illinois who is a co-owner with me
or members of my immediate family (spouse and minor
children residing with me) of any of the economic interests
disclosed in paragraphs 1 and 2, and the name of any person
who has acted as a surety or guarantor of any of the
obligations required to be disclosed in paragraph 3.
(Here list in accordance with numbered paragraph 4 of the
instructions.)
5. My offices, directorships, and salaried employments and
the offices, directorships and salaried employments of my
immediate family (spouse and minor children residing with
me) are as follows:
(Here list in accordance with numbered paragraph 5 of the
instructions.)
6. Pending cases in which I or members of my immediate
family (spouse and minor children residing with me) have an
interest are as follows:
(Here list pending cases in which you or members of your
immediate family are parties in interest, or an economic entity
to which you or they have an interest is a party, in accordance
with numbered paragraph 6 of the instructions.)
7. My fiduciary positions, including executorships and
directorships, and the fiduciary positions of the members of
my immediate family (my spouse and minor children residing
with me) are as follows:
(Here list fiduciary positions in accordance with numbered
paragraph 7 of the instructions.)
8. The name of the donor of gifts received by me or members
of my immediate family (spouse and minor children residing
with me) during the year preceding the date of verification, are
as follows:
(Here list gifts in accordance with numbered paragraph 8 of
the instructions.)
9. My economic interests and relationships and those of my
immediate family (spouse and minor children residing with
me), other than those listed in numbered paragraphs 1 to 8
hereof, which could create conflicts of interest for me in my
judicial capacity are as follows:
(Here insert any economic interest or relationship which might
or could create a substantial conflict of interest.)
VERIFICATION
Pursuant to Supreme Court Rule 68, I declare that this
statement of economic interest, including any accompanying
schedules and statements, as it relates to me and members
of my immediate family, has been examined by me and to the
best of my knowledge and belief is true, correct and
complete.
_____________________
Judge's Signature
_____________________
Date
Order adopted April 1, 1986. Order amended April 20 1987,
effective August 1, 1987; order amended December 30,
1993, effective January 1, 1994; order amended December
1, 1995.
RULE 69-70 - Reserved.
RULE 71 - Violation of Rules.
A judge who violates Rules 61 through 68 may be subject to
discipline by the Illinois Courts Commission.
Adopted Jan. 30, 1970, eff. March 15, 1970. Amended eff.
October 1, 1971; July 15, 1976; amended December 2,
1986, eff. January 1, 1987.
RULES 72 to 75 - Reserved.
RULE 76 - Military Service of Judges.
A judge or associate judge may serve on active duty in the
State militia or the armed forces of the United States for a
period not to exceed 30 days in each year without loss of pay
or vacation privileges and for a period not to exceed six
months in any 24-month period without being disqualified
from serving as a judge or associate judge. Adopted June 25,
1971, eff. July 1, 1971.
RULES 77 to 85 - Reserved.