Opinion 93-12
November 17, 1993
TOPIC: Attendance at a Golf Outing as a Guest of a Bar Association or a lawyer or at the behest of a political office-holder.
DIGEST: A judge may attend a golf outing as the honoree of a bar association so long as it does not create the impression that certain interests or lawyers are in a position to influence the judge; may attend a golf outing as the guest of an individual lawyer who is a social acquaintance even if the lawyer or members of the lawyer's law firm have appeared, or may appear, in the judge's court as long as it constitutes "ordinary social hospitality"; and may attend a golf outing at the behest of a political candidate or office-holder and pay necessary fees or contributions.
REFERENCES: Illinois Supreme Court Rule 61 of the Code of Judicial Conduct, Canon 1 (145 Ill.2d R.61); Illinois Supreme Court Rule 62B of the Code of Judicial Conduct, Canon 2 (145 Ill.2d R.62); Illinois Supreme Court Rules 65C(4)(a), 65C(4)(b) and 65C(4)(c) of the Code of Judicial Conduct, Canon 5 (145 Ill.2d R.65); Illinois Supreme Court Rule 67B(1) of the Code of Judicial Conduct, Canon 7 (145 Ill.2d R.67); In re Corboy, 124 Ill.2d 29 (1988); E. W. Thode, Reporter's Notes to the Code of Judicial Conduct, p. 84.
FACTS:
A judge has asked for guidance concerning the circumstances under which a judge may attend a golf outing. The judge suggests that these invitations or requests generally are of one of three types (1) An association, such as the Illinois Trial Lawyers Association, invites the judges to participate gratis to "honor the judiciary"; (2) a lawyer invites a judge to attend as his or her guest; (3) the judge is asked to attend an outing for a local candidate for political office or political office-holder and the judge is expected to pay the fee.
QUESTION
1. May a judge attend a golf outing gratis at the invitation of a group such as the Illinois Trial Lawyers Association to "honor the judiciary"?
2. May a judge attend a golf outing as the guest of an individual lawyer?
3. May a judge attend a golf outing at the behest of a political candidate or office-holder and pay the fee?
OPINION
Question 1
Illinois Supreme Court Rule 65C(4)(a) permits a judge to "accept a gift incident to a public testimonial to him." Thus, this rule would appear to allow a judge to accept the invitation of a bar group to attend a golf outing to "honor the judiciary". The judge will want to insure, however, that there is no appearance of impropriety. That is, the judge should be satisfied that his or her attendance at the event does not create the impression that a class of lawyers or their clients "are in a special position to influence him" in violation of Rule 62.
Question 2
Illinois Supreme Court Rule 65C(4)(c) prohibits a judge from accepting a gift, bequest, favor, or loan from "a party or other person whose interests have come or are likely to come before him, including lawyers who practice or have practiced before the judge." Additionally, under In re Corboy, 124 Ill.2d 29 (1988), a lawyer may not make a gift to the judge if members of the lawyer's firm may appear in the judge's court. On the other hand, a judge "may accept ordinary social hospitality", under Illinois Supreme Court Rule 65C(4)(b), even from lawyers who practice before the judge. Thus, the judge may accept the lawyer's invitation if it constitutes "ordinary social hospitality". An infrequent invitation by a lawyer who is a social acquaintance of the judge to attend an event requiring a relatively modest expenditure, as here, is clearly "ordinary social hospitality" and may be accepted by the judge.
Question 3
Under Illinois Supreme Court Rule 67B(1), as amended by order of the Supreme Court of Illinois on August 6, 1993, a judge may, "at any time", (1) "purchase tickets for and attend political gatherings" and (iii) "contribute to a political organization." Thus, under these amendments to the Code, Illinois judges are no longer prohibited from participating in a political event of this kind. However, a judge should decline to attend such an event in the unusual circumstances where attendance would compromise the judge's ability to "uphold the integrity and independence of the judiciary", as required by Illinois Supreme Court Rule 61.
