Opinion No. 94-15

June 17, 1994

TOPIC: Judge writing appraisal of book.

DIGEST: A judge may not offer a written appraisal of a book if the intent, in the first instance, is to promote sales of the book rather than simply to inform the public of a new contribution to the literature.

REFERENCES: Illinois Supreme Court Rule 62B of the Code of Judicial Conduct, Canon 2 (145 Ill.2d R. 62); Illinois Supreme Court Rule 64A of the Code of Judicial Conduct, Canon 4 (145 Ill.2d R. 64); Illinois Supreme Court Rule 65A of the Code of Judicial Conduct, Canon 5 (145 Ill.2d R. 65).

FACTS

The publisher of a book called the judge, whom the publisher knew to have a reputation as a legal scholar with experience as a trial and appellate judge, and asked the judge to read and give a one or two sentence appraisal of the book. The editor might use the appraisal in promoting sales of the book. There would be $200.00 compensation.

QUESTION

Under what circumstances may a judge write an appraisal of a book?

OPINION

Illinois Supreme Court Rules 64A and 65A permit a judge to write on legal and non-legal subjects. However, Illinois Supreme Court Rule 62B states that "a judge should not lend the prestige of judicial office to advance the private interests of others." Read together, the issue is one of intent. If the intent of the judge's written appraisal is, in the first instance, to promote sales of the book, the judge's appraisal is made to advance private interests and is therefore proscribed under rule 62B. On the other hand, if the judge offers an appraisal of the book by way of a written review in a journal or newspaper and the intent, in the first instance, is to inform the legal community or the general public of a new contribution to the legal or general literature, the review is permitted under Illinois Supreme Court Rules 64 or 65. The review would be permitted even if the publisher later used excerpts from the judge's review to promote sales of the book, or if the newspaper or journal compensated the judge for the review.

In this case, the intent is clearly to promote sales of the book and is therefore prohibited by Illinois Supreme Court Rule 62B.