Opinion No. 97-8

May 7, 1997 

TOPIC: Judge on Judge Advocate General reserve duty giving legal advice to military personnel. 

DIGEST: Judge on military reserve duty with the Judge Advocate General may give legal advice, serve on military courts and help prepare wills, leases or other documents for military personnel. 

REFERENCES: The Constitution of the United States, Article VI; Illinois Supreme Court Rules 63A(5), 65F, 66 and 76; 38 U.S.C. 4301-33. 

FACTS 

A judge is in the Reserve Unit of the Army and is on active duty two weeks during the year. 

QUESTIONS 

1. May a judge on reserve duty with the Judge Advocate General perform duties that amount to the practice of law? 

2. May he or she be compensated for those services? 

OPINIONS 

Question 1 

Illinois Supreme Court Rule 76 states that a judge may serve in the military for periods of 30 days. Further, Federal Law, 38 U.S.C. 4301, authorizes the military to recall reservists to active duty and Article VI of the U.S. Constitution, the supremacy clause, would give the federal government control. Once recalled to active duty, no state rules can restrict the military's right to assign the reservist to whatever activity is needed. 

Question 2 

Thus, Illinois Supreme Court Rules 63A(5), which requires a judge to devote full time to his or her judicial duties or 65F, which prohibits a judge from practicing law, would not apply nor would Illinois Supreme Court Rule 66 prevent the judge from being paid by the military.