This Code shall be construed and applied to further this objective. List all real estate in which any Covered Person has an ownership interest, including a beneficial interest in a land trust. A judges decision whether to accept reimbursement of expenses or a waiver or partial waiver of fees or charges in connection with these or other extrajudicial activities must be based upon an assessment of all the circumstances. [4] A judges membership in a religious organization as a lawful exercise of the freedom of religion is not a violation of this Rule. [2] Commending or criticizing jurors for their verdict, including on social media or social networking platforms, may imply a judicial expectation in future cases and may impair a jurors ability to be fair and impartial in a subsequent case. See Rule 2.11. (A) 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 or their lawyers concerning a pending* or impending matter,* except as follows: e. INTERESTS IN INTANGIBLE PROPERTY. (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. ii. Rule 12. See Rule 3.7. Economic interest means ownership of more than a de minimis legal or equitable interest. Impropriety includes conduct that violates the law, court rules, or provisions of this Code and conduct that undermines a judges independence, integrity, or impartiality. (B) A judge shall not use the benefits or facilities of an organization if the judge knows* or should know that the organization practices invidious discrimination on one or more of the bases identified in paragraph (A). [4] While engaged in permitted extrajudicial activities, judges must not coerce others or take action that would reasonably be perceived as coercive. [1] A judge plays a role different from that of a legislator or executive branch official. 1970, art. 6. 2010), reserving numbers for provisions not incorporated in Illinois. Judicial Disqualification Standards ( Special Committee ) was formed. The Board shall not file a complaint unless five members believe that a reasonable basis exists (1) to charge the Judge or Associate Judge with willful misconduct in office, persistent failure to perform his duties, or other conduct that is prejudicial to the administration of justice or that brings the judicial office into disrepute, or (2) to . a. See Rules 2.9, 2.10, and 4.1. Payment will be in the form required by the Clerk. [8] Judges who maintain a presence on social media or social networking platforms should be aware of the potential for these sites to become an unintended vehicle for ex parte communications. [11] The Code is not designed or intended as a basis for civil or criminal liability. When a copy of a judges statement is requested, the Clerk shall promptly send the judge a copy of the completed request form. [2] When a person becomes a judicial candidate, this Canon becomes applicable. [2] A judge should expect to be the subject of public scrutiny that might be viewed as burdensome if applied to other citizens and must accept the restrictions imposed by the Code. RULE 3.12: COMPENSATION FOR EXTRAJUDICIAL ACTIVITIES, A judge may accept reasonable compensation for extrajudicial activities permitted by this Code or other law* unless such acceptance would appear to a reasonable person to undermine the judges independence,* integrity,* or impartiality.*. (B) A judge should not allow the judge's family, social, or other relationships to influence the judge's judicial conduct or judgment. HONORARIA, REIMBURSEMENT OF EXPENSES, AND WAIVERS OF FEES. (b) knowingly misrepresent the identity, qualifications, present position, or other fact concerning the candidate or an opponent. List all gifts that (a) either individually or in the aggregate from the same donor exceed $500, and (b) were received by a Covered Person during the 12-month period prior to the Record Date. The Clerk is authorized to redact any personal information that is not required to be disclosed in the statement. Annual Certification of Private Insurance Coverage . To the extent possible, campaign committees should manage campaign finances to avoid deficits that might necessitate postelection fundraising. [8] Judicial candidates are sometimes the subject of false, misleading, or unfair allegations made by opposing candidates, third parties, or the media. [1] When seeking support or endorsement or when communicating directly with an appointing or confirming authority, a candidate for appointive judicial office must not make any pledges, promises, or commitments that are inconsistent with the impartial performance of the adjudicative duties of the office. For example, just as a judge may not write or telephone nonfamily members or judges over whom the judge has supervisory authority to encourage them to attend organizations fundraising events, a judge may not promote those events via social media or social networking platforms. The potential for misuse of judicial office, and the political promises that the judge may make in the course of campaigning for nonjudicial elective office, together dictate that a judge who wishes to run for such an office must resign upon becoming a candidate. See Rule 1.3. Nothing in this Rule will affect or prohibit a judges ability to provide a letter of recommendation on judicial letterhead for an individual based upon the judges personal knowledge. A judges membership in an organization that practices invidious discrimination creates the perception that the judges impartiality is impaired. RULE 4.1: POLITICAL AND CAMPAIGN ACTIVITIES IN PUBLIC ELECTIONS. Depending upon the circumstances, appropriate action may include, but is not limited to, speaking directly to the impaired person, notifying an individual with supervisory responsibility over the impaired person, or making a referral to an assistance program. Shall imposes a mandatory duty on a judge to comply with the Rule. See Rule 3.8. Identify by name each person, other than a Covered Person, for whom the filing judge is serving as fiduciary. [5B] A judge or judicial candidate should encourage family members in supporting the candidacy of the judge or judicial candidate to adhere to the same standards of political conduct contained in this Canon. Do not include fiduciary positions held for the benefit of a family member of a Covered Person. RULE 2.5: COMPETENCE, DILIGENCE, AND COOPERATION. A judges attendance at an event in a facility of an organization that the judge is not permitted to join is not a violation of this Rule when the judges attendance is an isolated event that could not reasonably be perceived as an endorsement of the organizations practices. RULE 3.14: REIMBURSEMENT OF EXPENSES AND WAIVERS OF FEES OR CHARGES. This categorization shall be reported as of the Record Date. In cases in which the judge is a litigant in an official capacity, such as a writ of mandamus, the judge must not comment publicly. Illinois Code of Judicial Conduct from Westlaw. [3] Prompt disposition of the courts business requires a judge to be punctual in attending court and expeditious in determining matters under advisement and to take reasonable measures to ensure that court officials, litigants, and their lawyers cooperate to achieve that end. 3. 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 another statement until the next year. [2] Although it is not a duty of judicial office unless prescribed by law, judges are encouraged to participate in activities that promote public understanding of and confidence in the justice system. The value of each Benefit shall be reported by reference to a letter category, as follows: Category A - $500-$2500; Category B - $2500.01-$5000; Category C greater than $5000. Copies of statements will be supplied to persons requesting them on payment of a reasonable fee per page as required by the Clerk. defendant in a proceeding for contempt arising from an attack upon the character or conduct of a judge occurring otherwise than in open court, and the proceeding is pending before the judge whose . Nor is it intended to be the basis for litigants to seek collateral remedies against each other or to obtain tactical advantages in proceedings before a court. [4] In disposing of matters promptly and efficiently, a judge must demonstrate due regard for the rights of parties to be heard and to have issues resolved without unnecessary cost or delay. Identify all persons, other than Covered Persons, known by the filing judge to be licensed or registered to practice law who, at any time within the 12-month period before the Record Date, was a co-owner with a Covered Person of any economic interest, a co-obligor with or a creditor of a Covered Person, or the payor to a Covered Person of any income, payments, or benefits, required to be disclosed in Paragraphs 3 or 4. The United States legal system is based upon the principle that an independent, impartial, and competent judiciary, composed of judges with integrity, will interpret and apply the law. Rule Title. Judges and successful judicial candidates are subject to judicial discipline for their campaign conduct. 1. Such activities are not solicitation and do not present an element of coercion or misuse the prestige of judicial office. (A) A judge shall require order and decorum in proceedings before the court. (2) knowingly* or with reckless disregard for the truth, make any false or misleading statement in connection with: (b) the identity, qualifications, present position, or other fact concerning the candidate; or. When used in a Comment, the term does not mean that the Comment itself is binding or enforceable; it signifies that the Rule in question, properly understood, is obligatory as to the conduct at issue. (B) A judge may encourage parties to a proceeding and their lawyers to settle matters in dispute, but a judge shall not act in a manner that coerces any party. [1] Appropriate action means action intended and reasonably likely to help the judge or lawyer in question address the problem and prevent harm to the justice system. A judge shall not practice law. Proof of Service in the Trial and Reviewing Courts; Effective Date of Service. [3] The campaign committee may solicit and accept campaign contributions from lawyers and others who might appear before the candidate. Rendering dispute resolution services apart from those duties, whether or not for economic gain, is prohibited unless it is expressly authorized by law. Political organization means a political party or other group sponsored by or affiliated with a political party or candidate, the principal purpose of which is to further the election or appointment of candidates for political office. (c) contribute to a political organization. [1] In the course of performing judicial duties, a judge may acquire information of commercial or other value that is unavailable to the public. See Rules 4.1, 4.3, and 4.4. However, when engaging in extrajudicial activities, a judge shall not: (A) participate in activities that will interfere with the proper performance of the judges judicial duties; (B) participate in activities that will lead to frequent disqualification of the judge; (C) participate in activities that would appear to a reasonable person to undermine the judges independence,* integrity,* or impartiality;*, (D) engage in conduct that would appear to a reasonable person to be coercive; or. Illinois Court Rules and Procedure. ISBN: 0314695079. July 1, 2021. The text of the canons and the rules is authoritative. Pledges, promises, or commitments must be contrasted with statements or announcements of personal views on legal, political, or other issues, which are not prohibited. You may download the 2023 digital version of the Code of Judicial Conduct for this purpose. [4] A judge may initiate, permit, or consider ex parte communications expressly authorized by law, such as when serving on therapeutic or problem-solving courts, mental health courts, or drug courts. The judge or judicial candidate may, however, attend events advancing the candidacy of the family member and contribute financially to the family members campaign to the same extent that a judge or judicial candidate may attend events and contribute money to any other candidate for public office. First, they provide guidance regarding the purpose, meaning, and proper application of the Rules. b. It consists of broad statements called canons, specific rules set forth in lettered subsections under each canon, and Committee Commentary. (2) The judge knows* that the judge, the judges spouse or domestic partner,* a person within the third degree of relationship* to either of them, or the spouse or domestic partner of such a person is: (a) a party to the proceeding or an officer, director, general partner, managing member, or trustee of a party; (b) acting as a lawyer in the proceeding; (c) a person who has more than a de minimis* interest that could be substantially affected by the proceeding; or. Depending upon the gravity of the conduct that has come to the judges attention, however, the judge may be required to take other action, such as reporting the impaired judge or lawyer to the appropriate authority,* agency, or body. Public election includes primary and general elections, partisan elections, nonpartisan elections, and retention elections. The numbering of the Code is patterned on the American Bar Association Model Code of Judicial Conduct (rev. (C) A judge knowing that another judge has committed a violation of this Code that does not raise a substantial question regarding honesty, trustworthiness, or fitness of a judge shall take appropriate action. 4. Rule Title. See Rules 2.11, 2.13, 2.15, 2.16, 3.6, and 4.1. Because it is not practicable to list all such conduct, the Rule is necessarily cast in general terms. 0:04. For these purposes, medical or dental expenses are not considered to be incurred until the amount of the Covered Persons financial responsibility is determined after the application of any insurance benefits. Or intended as a basis for civil or criminal liability deficits that might necessitate postelection fundraising judicial candidate, Canon... A family member of a judges statement is requested, the Clerk is to! Committees should manage campaign finances to avoid deficits that might necessitate postelection fundraising a de legal! 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