1995-04: Judge Recommending Person for Job, etc.

DISCLAIMER:  This Opinion interprets the 1993 Illinois Code of Judicial Conduct, which was superseded on January 1, 2023, by the 2023 Illinois Code of Judicial Conduct.  This Opinion does not consider or address whether the 2023 Code affects the analysis or conclusion of the Opinion.  A table cross-referencing the 1993 Code to the 2023 Code can be found at  IJEC CORRELATION TABLE.

IJEC Opinion No. 1995-04

March 7, 1995

TOPIC

Judge providing a recommendation or reference for a person seeking employment, college admission, or a scholarship.

DIGEST

A judge may act as a reference or furnish a letter of recommendation for a person seeking employment, admission to college, or a scholarship.

REFERENCES

Illinois Supreme Court Rule 62 of the Code of Judicial Conduct, Canon 2 (145 Ill.2d R. 62); ABA Model Code of Judicial Conduct, Canon 2B (1990), and accompanying Commentary; Illinois Judicial Ethics Committee Opinion 93-9 (1993); Judicial Ethics Committee of the State Trial Judges Opinion 86-5 (Pa. 1986); Indiana Commission on Judicial Qualifications Opinion 3-88 (1988).

FACTS

A lawyer seeking new employment asks a judge for a letter of recommendation. The judge is also contacted by a former secretary who requests permission to include the judge as a reference on his or her applications for college admission, a scholarship, and a part-time job. The judge has sufficient personal knowledge of the lawyer and secretary upon which to base a recommendation or act as a reference.

QUESTION

Does serving as a reference or providing a letter of recommendation for a person seeking employment, college admission or a scholarship, violate Illinois Supreme Court Rule 62B which prohibits a judge from lending "the prestige of judicial office to advance the private interests of others?"

OPINION

Illinois Supreme Court Rule 62B provides that a judge "should not lend the prestige of judicial office to advance the private interests of others." While this provision could be construed to prohibit a judge from providing a letter of recommendation, the Committee believes that such a construction would be unwarranted.

Illinois Supreme Court Rule 62B is virtually identical to Canon 2B of the 1990 American Bar Association Model Code of Judicial Conduct. The Commentary to Canon 2B of the Model Code of Judicial Conduct establishes that Canon 2B was not intended to prevent a judge from providing a recommendation or acting as a reference, provided that, the recommendation or reference is based on the judge's personal knowledge. The Commentary to Canon 2B, in pertinent part, provides as follows:

Although a judge should be sensitive to possible abuse of the prestige of office, a judge may, based on the judge's personal knowledge, serve as a reference or provide a letter of recommendation.

The Committee believes that the construction placed on Canon 2B by the American Bar Association is the proper construction to place on the substantially identical language of Illinois Supreme Court Rule 62B. Providing a letter of recommendation or acting as a reference simply do not lend prestige of office for private advantage where the reference or recommendation is based upon personal knowledge and describes employment history, qualifications, or character. Other advisory bodies have similarly concluded that ethical considerations do not bar a judge from acting as a reference or providing a letter of recommendation. See e.g., Opinion 86-5, Judicial Ethics Committee of the State Trial Judges (Pa. 1986) (judge may write letters of recommendation for students seeking employment as long as judge has personal knowledge of the applicant) and Opinion 3-88, Indiana Commission on Judicial Qualifications (1988) (judge may make employment recommendation as long as the recommendation is based on substantial first hand knowledge of the qualification of the applicant).

In summary, the Committee is of the opinion that a judge, based on his or her personal knowledge, may act as a reference or furnish a letter of recommendation, for a person seeking employment, or admission to a college, or a scholarship. The Committee does caution, however, that the content and tenor of any reference letter should be consistent with the judge's duties established by the Code of Judicial Conduct including the duty to act in a manner that promotes public confidence in the integrity and impartiality of the judiciary. See, Opinion No. 93-9, Illinois Judicial Ethics Committee (1993). Also, a judge must be mindful of special circumstances which may render providing a letter of recommendation or acting as a reference inappropriate. For instance, a judge providing a recommendation to a prospective employer knowing that that prospective employer is a named party in litigation pending before the judge, could be interpreted as violating Supreme Court Rules 62A and B.