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Constitution of the State of Illinois, Article VI, Section 15 (b) - (J)
Code of Judicial Conduct
Rules of Procedure of the Judicial Inquiry Board
Rules of Procedure of the Courts Commission

Constitution of the State of Illinois, Article VI, Section 15:

(b) A Judicial Inquiry Board is created. The Supreme Court shall select two Circuit Judges as members and the Governor shall appoint four persons who are not lawyers and three lawyers as members of the Board. No more than two of the lawyers and two of the non-lawyers appointed by the Governor shall be members of the same political party. The terms of Board members shall be four years. A vacancy on the Board shall be filled for a full term in the manner the original appointment was made. No member may serve on the Board more than eight years.

(c) The Board shall be convened permanently, with authority to conduct investigations, receive or initiate complaints concerning a Judge or Associate Judge, and file complaints with the Courts Commission. 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 charge that the Judge or Associate Judge is physically or mentally unable to perform his duties. All proceedings of the Board shall be confidential except the filing of a complaint with the Courts Commission. The Board shall prosecute the complaint.

(d) The Board shall adopt rules governing its procedures. It shall have subpoena power and authority to appoint and direct its staff. Members of the Board who are not Judges shall receive per diem compensation and necessary expenses; members who are Judges shall receive necessary expenses only. The General Assembly by law shall appropriate funds for operation of the Board.

(e) An Independent Courts Commission is created consisting of one Supreme Court Judge selected by that Court as a member and one as an alternate, two Appellate Court Judges selected by that Court as members and three as alternates, two Circuit Judges selected by the Supreme Court as members and three as alternates, and two citizens selected by the Governor as members and two as alternates. Members and alternates who are Appellate Court Judges must each be from a different Judicial District. Members and alternates who are Circuit Judges must each be from a different Judicial District. Members and alternates of the Commission shall not be members of the Judicial Inquiry Board. The members of the Commission shall select a chairperson to serve a two-year term. The Commission shall be convened permanently to hear complaints filed by the Judicial Inquiry Board. The Commission shall have authority after notice and public hearing, (1) to remove from office, suspend without pay, censure or reprimand a Judge or Associate Judge for willful misconduct in office, persistent failure to perform his or her duties, or other conduct that is prejudicial to the administration of justice or that brings the judicial office into disrepute, or (2) to suspend, with or without pay, or retire a Judge or Associate Judge who is physically or mentally unable to perform his or her duties.

(f) The concurrence of four members of the Commission shall be necessary for a decision. The decision of the Commission shall be final.

(h) A member of the Commission shall disqualify himself or herself, or the other members of the Commission shall disqualify a member, with respect to any proceeding in which disqualification or recusal would be required of a Judge under rules of the Supreme Court, under rules of the Commission, or by law.

If a Supreme Court Judge is the subject of a proceeding, then there shall be no Supreme Court Judge sitting as a member of the Commission with respect to that proceeding. Instead, an alternate Appellate Court Judge not from the same Judicial District as the subject Supreme Court Judge shall replace the subject Supreme Court Judge. If a member who is an Appellate Court Judge is the subject of a proceeding, then an alternate Appellate Court Judge shall replace the subject Appellate Court Judge. If an Appellate Court Judge who is not a member is the subject of a proceeding and an Appellate Court Judge from the same Judicial District is a member, then an alternate Appellate Court Judge shall replace that member. If a member who is a Circuit Judge is the subject of a proceeding, then an alternate Circuit Judge shall replace the subject Circuit Judge. If a Circuit Judge who is not a member is the subject of a proceeding and a Circuit Judge from the same Judicial District is a member, then an alternate Circuit Judge shall replace that member.

If a member of the Commission is disqualified under this section with respect to any proceeding, that member shall be replaced by an alternate on a rotating basis in a manner provided by rule of the Commission. The alternate shall act as member of the Commission with respect to that proceeding only.

(i) The Commission shall have power to issue subpoenas.

(j) Members and alternates of the Commission who are not Judges shall receive per diem compensation and necessary expenses; members and alternates who are Judges shall receive necessary expenses only. The General Assembly shall provide by law for the expenses and compensation of the Commission.


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Code of Judicial Conduct

Preamble
Terminology
Rule 61: Canon 1. A Judge Should Uphold the Integrity and Independence of the Judiciary
Rule 62: Canon 2. A Judge Should Avoid Impropriety and the Appearance of Impropriety in All of the Judge's Activities
Rule 63: Canon 3. A Should Perform the Duties of Judicial Office Impartially and Diligently
Rule 64: Canon 4. A Judge May Engage in Activities to Improve the Law, the Legal System and the Administration of Justice
Rule 65: Canon 5. A Judge Should Regulate His or Her Extrajudicial Activities to Minimize the Risk of Conflict With the Judge's Judicial Duties
Rule 66: Canon 6. Nonjudicial Compensation and Annual Statement of Economic Interests
Rule 67: Canon 7. A Judge or Judicial Candidate Shall Refrain from Inappropriate Political Activity
Rule 68: Declaration of Economic Interests
Rule 69-70: Reserved
Rule 71: Violation of Rules

Preamble

Our legal system is based on the principle that an independent, fair and competent judiciary will interpret and apply the laws that govern us. The role of the judiciary is central to American concepts of justice and the rule of law. Intrinsic to all provisions of this code are precepts that judges, individually and collectively, must respect and honor the judicial office as a public trust and strive to enhance and maintain confidence in our legal system. The judge is an arbiter of facts and law for the resolution of disputes and a highly visible symbol of government under the rule of law.

The Code of Judicial Conduct is intended to establish standards for ethical conduct of judges. It consists of broad statements called canons, specific rules set forth in lettered subsections under each canon, and Committee Commentary. The text of the canons and the rules is authoritative. The Committee Commentary, by explanation, and example, provides guidance with respect to the purpose and meaning of the canons and rules. The Commentary is not intended as a statement of additional rules.

The canons and rules are rules of reason. They should be applied consistent with constitutional requirements, statutes, other court rules and decisional law and in the context of all relevant circumstances. The Code is to be construed so as not to impinge on the essential independence of judges in making judicial decisions.

The Code is designed to provide guidance to judges and candidates for judicial office and to provide a structure for regulating conduct through disciplinary agencies. It is not designed or intended as a basis for civil liability or criminal prosecution. Furthermore, the purpose of the Code would be subverted if the Code were invoked by lawyers for mere tactical advantage in a proceeding.

The canons are not standards of discipline in themselves, but express the policy consideration underlying the rules contained within the canons. The text of the rules is intended to govern conduct of judges and to be binding upon them. It is not intended, however, that every transgression will result in disciplinary action. Whether disciplinary action is appropriate, and the degree of discipline to be imposed, should be determined through a reasonable and reasoned application of the text of the rules and should depend on such factors as the seriousness of the transgression, whether there is a pattern of improper activity and the effect of the improper activity on others or on the judicial system.

The Code of Judicial Conduct is not intended as an exhaustive guide for the conduct of judges. They should also be governed in their judicial and personal conduct by general ethical standards. The Code is intended, however, to state basic standards which should govern the conduct of all judges and to provide guidance to assist judges in establishing and maintaining high standards of judicial and personal conduct.
Adopted eff. Aug. 6, 1993.

Terminology

"Candidate." A candidate is a person seeking public election for or public retention in judicial office. A person becomes a candidate for judicial office as soon as he or she makes a public announcement of candidacy, declares or files as a candidate with the election authority, or authorizes solicitation or acceptance of contributions or support.

"Court personnel" does not include the lawyers in a proceeding before a judge.

"De minimis" denotes an insignificant interest that could not raise reasonable question as to a judge's impartiality.

"Economic interest" denotes ownership of a more than de minimis legal or equitable interest, or a relationship as officer, director, advisor or other active participant in the affairs of a party, except that:

(i) ownership of an interest in a mutual or common investment fund that holds securities is not an economic interest in such securities unless the judge participates in the management of the fund or a proceeding pending or impending before the judge could substantially affect the value of the interest;

(ii) service by a judge as an officer, director, advisor or other active participant in an educational, religious, charitable, fraternal or civic organization, or service by a judge's spouse, parent or child as an officer, director, advisor or other active participant in any organization does not create an economic interest in securities held by that organization;

(iii) a deposit in a financial institution, the proprietary interest of a policyholder in a mutual insurance company, of a depositor in a mutual savings association or of a member in a credit union, or a similar proprietary interest, is not an economic interest in the organization unless a proceeding pending or impending before the judge could substantially affect the value of the interest;

(iv) ownership of government securities is not an economic interest in the issuer unless a proceeding pending or impending before the judge could substantially affect the value of the securities.

"Fiduciary" includes such relationships as executor, administrator, trustee, and guardian.

"He." Whenever this pronoun is used it includes the feminine as well as the masculine form.

"Judge" includes circuit and associate judges and judges of the appellate and supreme court.

"Knowingly," "knowledge," "known" or "knows" denotes actual knowledge of the fact in question. A person's knowledge may be inferred from circumstances.

"Law" denotes court rules as well as statutes, constitutional provisions and decisional law.

"Member of a candidate's/judge's family" denotes a spouse, child, grandchild, parent, grandparent or other relative or person with whom the candidate maintains a close familial relationship.

"Member of the judge's family residing in the judge's household" denotes any relative of a judge by blood or marriage, or a person treated by a judge as a member of the judge's family, who resides in the judge's household.

"Political organization" denotes a political party or other group, the principal purpose of which is to further the election or appointment of candidates to political office.

"Public election." This term includes primary and general elections; it includes partisan elections, non-partisan elections and retention elections.

"Require." The rules prescribing that a judge "require" certain conduct of others are, like all of the rules in this Code, rules of reason. The use of the term "require" in that context means a judge is to exercise reasonable direction and control over the conduct of those persons subject to the judge's direction and control.

"Third degree of relationship." The following persons are relatives within the third degree or relationship: great-grandparent, grandparent, parent, uncle, aunt, brother, sister, child, grandchild, great-grandchild, nephew or niece.
Adopted eff. Aug. 6, 1993.

Rule 61: Canon 1. A Judge Should Uphold the Integrity and Independence of the Judiciary

A Judge Should Uphold the Integrity and Independence of the Judiciary

An independent and honorable judiciary is indispensable to justice in our society. A judge should participate in establishing, maintaining, and enforcing, and should personally observe, high standards of conduct so that the integrity and independence of the judiciary may be preserved. The provisions of this Code should be construed and applied to further that objective.
Adopted Dec. 2, 1986, eff. Jan. 1, 1987. Amended eff. Aug. 6, 1993; Oct. 15, 1993.

Rule 62: Canon 2. A Judge Should Avoid Impropriety and the Appearance of Impropriety in All of the Judge's Activities

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.

B. A judge should not allow the judge's family, social or other relationships to influence the judge's judicial conduct or judgment. A judge should not lend the prestige of judicial office to advance the private interests of others; nor should a judge convey or permit others to convey the impression that they are in a special position to influence the judge. A judge should not testify voluntarily as a character witness.
Adopted Dec. 2, 1986, eff. Jan. 1, 1987. Amended eff. Oct. 15, 1993.

Rule 63: Canon 3. A Should Perform the Duties of Judicial Office Impartially and Diligently

The judicial duties of a judge take precedence over all the judge's other activities. The judge's judicial duties include all the duties of the judge's office prescribed by law. In the performance of these duties, the following standards apply:

A. Adjudicative Responsibilities.

(1) A judge should be faithful to the law and maintain professional competence in it. A judge should be unswayed by partisan interests, public clamor, or fear of criticism.
(2) A judge should maintain order and decorum in proceedings before the judge.
(3) A judge should be patient, dignified, and courteous to litigants, jurors, witnesses, lawyers, and others with whom the judge deals in an official capacity, and should require similar conduct of lawyers, and of staff, court officials, and others subject to the judge's direction and control.
(4) A judge shall accord to every person who has a legal interest in a proceeding, or that person's lawyer, the right to be heard according to law. A judge may make reasonable efforts, consistent with the law and court rules, to facilitate the ability of self-represented litigants to be fairly heard.
(5) 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 concerning a pending or impending proceeding except that:
(a) Where circumstances require, ex parte communications for scheduling, administrative purposes or emergencies that do not deal with substantive matters or issues on the merits are authorized; provided:
(i) the judge reasonably believes that no party will gain a procedural or tactical advantage as a result of the ex parte communication, and
(ii) the judge makes provision promptly to notify all other parties of the substance of the ex parte communication and allows an opportunity to respond.
(b) A judge may consult with court personnel whose function is to aid the judge in carrying out the judge's adjudicative responsibilities or with other judges. (c) A judge may, with the consent of the parties, confer separately with the parties and their lawyers in an effort to mediate or settle matters pending before the judge.
(d) A judge may initiate or consider any ex parte communications when expressly authorized by law to do so.

(6) A judge shall devote full time to his or her judicial duties; and should dispose promptly of the business of the court.
(7) A judge should abstain from public comment about a pending, or impending proceeding in any court, and should require similar abstention on the part of court personnel subject to the judge's direction and control. This paragraph does not prohibit judges from making public statements in the course of their official duties or from explaining for public information the procedures of the court.
(8) Proceedings in court should be conducted with fitting dignity, decorum, and without distraction. The taking of photographs in the courtroom during sessions of the court or recesses between proceedings, and the broadcasting or televising of court proceedings is permitted only to the extent authorized by order of the supreme court. This rule is not intended to prohibit local circuit courts from using security cameras to monitor courtrooms, provided that cameras are controlled by designated court personnel. For the purposes of this rule, the use of the terms "photographs," "broadcasting," and "televising" include the audio or video transmissions or recordings made by telephones, personal data assistants, laptop computers, and other wired or wireless data transmission and recording devices.
(9) A judge shall perform judicial duties without bias or prejudice. A judge shall not, in the performance of judicial duties, by words or conduct manifest bias or prejudice, including but not limited to bias or prejudice based upon race, sex, religion, national origin, disability, age, sexual orientation or socioeconomic status, and shall not permit staff, court officials and others subject to the judge's direction and control to do so.
(10) Proceedings before a judge shall be conducted without any manifestation, by words or conduct, of prejudice based upon race, sex, religion, national origin, disability, age, sexual orientation or socioeconomic status, by parties, jurors, witnesses, counsel, or others. This section does not preclude legitimate advocacy when these or similar factors are issues in the proceedings.

 B. Administrative Responsibilities.

(1) A judge should diligently discharge the judge's administrative responsibilities, maintain professional competence in judicial administration, and facilitate the performance of the administrative responsibilities of other judges and court officials.
(2) A judge should require staff, court officials and others subject to the judge's direction and control to observe the standards of fidelity and diligence that apply to the judge.
(3)
(a) A judge having knowledge of a violation of these canons on the part of a judge or a violation of Rule 8.4 of the Rules of Professional Conduct on the part of a lawyer shall take or initiate appropriate disciplinary measures.
(b) Acts of a judge in mentoring a new judge pursuant to M.R. 14618 (Administrative Order of February 6, 1998, as amended June 5, 2000) and in the discharge of disciplinary responsibilities required or permitted by canon 3 or Article VIII of the Rules of Professional Conduct are part of a judge's judicial duties and shall be absolutely privileged.
(c) Except as otherwise required by the supreme court rules, information pertaining to the new judge's performance which is obtained by the mentor in the course of the formal mentoring relationship shall be held in confidence by the mentor.
(4) A judge should not make unnecessary appointments. A judge should exercise the power of appointment on the basis of merit, avoiding nepotism and favoritism. A judge should not approve compensation of appointees beyond the fair value of services rendered.
(5) A judge should refrain from casting a vote for the appointment or reappointment to the office of associate judge, of the judge's spouse or of any person known by the judge to be within the third degree of relationship to the judge or the judge's spouse (or the spouse of such a person).

 C. Disqualification.

(1) A judge shall disqualify himself or herself in a proceeding in which the judge's impartiality might reasonably be questioned, including but not limited to instances where:
(a) the judge has a personal bias or prejudice concerning a party or a party's lawyer, or personal knowledge of disputed evidentiary facts concerning the proceeding;
(b) the judge served as a lawyer in the matter in controversy, or a lawyer with whom the judge previously practiced law served during such association as a lawyer concerning the matter, or the judge has been a material witness concerning it;
(c) the judge was, within the preceding three years, associated in the private practice of law with any law firm or lawyer currently representing any party in the controversy (provided that referral of cases when no monetary interest was retained shall not be deemed an association within the meaning of this subparagraph) or, for a period of seven years following the last date on which the judge represented any party to the controversy while the judge was an attorney engaged in the private practice of law;
(d) the judge knows that he or she, individually or as a fiduciary, or the judge's spouse, parent or child wherever residing, or any other member of the judge's family residing in the judge's household, has an economic interest in the subject matter in controversy or in a party to the proceeding, or has any other more than de minimis interest that could be substantially affected by the proceeding; or
(e) the judge or the judge's spouse, or a person within the third degree of relationship to either of them, or the spouse of such a person;
(i) is a party to the proceeding, or an officer, director, or trustee of a party;
(ii) is acting as a lawyer in the proceeding;
(iii) is known by the judge to have a more than de minimis interest that could be substantially affected by the proceeding; or
(iv) is to the judge's knowledge likely to be a material witness in the proceeding.
(2) A judge shall keep informed about the judge's personal and fiduciary economic interests, and make a reasonable effort to keep informed about the personal economic interests of the judge's spouse and minor children residing in the judge's household.

 D. Remittal of Disqualification.

A judge disqualified by the terms of Section 3C may disclose on the record the basis of the judge's disqualification and may ask the parties and their lawyers to consider, out of the presence of the judge, whether to waive disqualification. If following disclosure of any basis for disqualification other than personal bias or prejudice concerning a party, the parties and lawyers, without participation by the judge, all agree that the judge should not be disqualified, and the judge is then willing to participate, the judge may participate in the proceeding. This agreement shall be incorporated in the record of the proceeding.

Adopted Dec. 2, 1986, eff. Jan. 1, 1987. Amended June 12, 1987, eff. Aug. 1, 1987; eff. Nov. 25, 1987; Aug. 6, 1993; Oct. 15, 1993; eff. March 26, 2001; April 1, 2003, eff. immediately; Dec. 5, 2003. eff. immediately; April 16, 2007, eff. immediately; amended June 18, 2013, eff July 1, 2013. 

 


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Rule 64: Canon 4. A Judge May Engage in Activities to Improve the Law, the Legal System and the Administration of Justice

A judge, subject to the proper performance of his or her judicial duties, may engage in the following law-related activities, if in doing so the judge does not cast doubt on his or her capacity to decide impartially any issue that may come before him or her.

A. A judge may speak, write, lecture, teach (with the approval of the judge's supervising, presiding, or chief judge), and participate in other activities concerning the law, the legal system, and the administration of justice.
B. A judge may appear at a public hearing before an executive or legislative body or official on matters concerning the law, the legal system, and the administration of justice, and he or she may otherwise consult with an executive or legislative body or official, but only on matters concerning the administration of justice.
C. A judge may serve as a member, officer, or director of a bar association, governmental agency, or other organization devoted to the improvement of the law, the legal system, or the administration of justice. He or she may assist such an organization in planning fund-raising activities; may participate in the management and investment of the organization's funds; and may appear at, participate in, and allow his or her title to be used in connection with a fund-raising event for the organization. Under no circumstances, however, shall a judge engage in direct, personal solicitation of funds on the organization's behalf. Inclusion of a judge's name on written materials used by the organization for fund-raising purposes is permissible under this rule so long as the materials do not purport to be from the judge and list only the judge's name, office or other position in the organization and, if comparable designations are listed for other persons holding a similar position, the judge's judicial title.
D. A judge may make recommendations to public and private fund-granting agencies on projects and programs concerning the law, the legal system, and the administration of justice.
Adopted Dec. 2, 1986, eff. Jan. 1, 1987; amended June 4, 1991, eff. Aug. 1, 1991; amended Sept. 30, 2002, eff. immediately; amended May 24, 2006, eff. immediately.

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Rule 65: Canon 5. A Judge Should Regulate His or Her Extrajudicial Activities to Minimize the Risk of Conflict With the Judge's Judicial Duties

A. Avocational Activities.
A judge may write, lecture, teach, and speak on nonlegal subjects, and engage in the arts, sports, and other social and recreational activities, if such avocational activities do not detract from the dignity of the judge's office or interfere with the performance of the judge's judicial duties.

B. Civic and Charitable Activities.
A judge may participate in civic and charitable activities that do not reflect adversely upon the judge's impartiality or interfere with the performance of the judge's judicial duties. A judge may serve as an officer, director, trustee, or nonlegal advisor of an educational, religious, charitable, fraternal, or civic organization not conducted for the economic or political advantage of its members, subject to the following limitations:
(1) A judge should not serve if it is likely that the organization will be engaged in proceedings that would ordinarily come before the judge or will be regularly engaged in adversary proceedings in any court.
(2) A judge should not solicit or permit his or her name to be used in any manner to solicit funds or other assistance for any such organization. A judge should not allow his or her name to appear on the letterhead of any such organization where the stationery is used to solicit funds and should not permit the judge's staff, court officials or others subject to the judge's direction or control to solicit on the judge's behalf for any purpose, charitable or otherwise. A judge may be a speaker or the guest of honor at an organization's fund-raising events.

C. Financial Activities.
(1) A judge should refrain from financial and business dealings that tend to reflect adversely on the judge's impartiality, interfere with the proper performance of the judge's judicial duties, exploit the judge's judicial position, or involve the judge in frequent transactions with lawyers or persons likely to come before the court on which the judge serves.
(2) Subject to the requirements of subsection (1), a judge may hold and manage investments, including real estate, and engage in the activities usually incident to the ownership of such investments, but a judge should not assume an active role in the management or serve as an officer, director, or employee of any business.
(3) A judge should manage his or her investments and other financial interests to minimize the number of cases in which the judge is disqualified. As soon as the judge can do so without serious financial detriment, the judge should divest himself or herself of investments and other financial interests that might require frequent disqualification.
(4) Neither a judge nor a member of the judge's family residing in the judge's household should accept a gift, bequest, favor, or loan from anyone except as follows:
(a) a judge may accept a gift incident to a public testimonial to the judge; books supplied by publishers on a complimentary basis for official use; or an invitation to the judge and the judge's spouse to attend a bar-related function or activity devoted to the improvement of the law, the legal system, or the administration of justice;
(b) a judge or a member of the judge's family residing in the judge's household may accept ordinary social hospitality; a gift, bequest, favor, or loan from a relative; a wedding or engagement gift; a loan from a lending institution in its regular course of business on the same terms generally available to persons who are not judges; or a scholarship or fellowship awarded on the same terms applied to other applicants;
(c) a judge or a member of the judge's family residing in the judge's household may accept any other gift, bequest, favor, or loan only if the donor is not a party or other person whose interests have come or are likely to come before the judge, including lawyers who practice or have practiced before the judge.
(5) Information acquired by a judge in the judge's judicial capacity should not be used or disclosed by the judge in financial dealings or for any other purpose not related to the judge's judicial duties.

D. Fiduciary Activities.
A judge should not serve as the executor, administrator, trustee, guardian, or other fiduciary, except for the estate, trust, or person of a member of the judge's family, and then only if such service will not interfere with the proper performance of the judge's judicial duties. As a family fiduciary a judge is subject to the following restrictions:
(1) The judge should not serve if it is likely that as a fiduciary the judge will be engaged in proceedings that would ordinarily come before the judge, or if the estate, trust, or ward becomes involved in adversary proceedings in the court on which the judge serves or one under its appellate jurisdiction. (2) While acting as a fiduciary a judge is subject to the same restrictions on financial activities that apply to the judge in his or her personal capacity.

E. Arbitration.
A judge should not act as an arbitrator or mediator.

F. Practice of Law.
A judge should not practice law.

G. Extrajudicial Appointments.
A judge should not accept appointment to a governmental committee, commission or other position that is concerned with issues of fact or policy on matters other than the improvement of the law, the legal system, or the administration of justice. A judge, however, may represent his or her country, State, or locality on ceremonial occasions or in connection with historical, educational and cultural activities.
Adopted Dec. 2, 1986, eff. Jan. 1, 1987. Amended eff. Oct. 15, 1993; amended May 24, 2006, eff. immediately; amended December 7, 2011, eff. immediately.
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Rule 66: Canon 6. Nonjudicial Compensation and Annual Statement of Economic Interests

A judge may receive compensation for the law-related and extrajudicial activities permitted by this Code if the source of such payments does not give the appearance of influencing the judge in his or her judicial duties or otherwise give the appearance of impropriety subject to the following restrictions:
A. Compensation.
Compensation should not exceed a reasonable amount nor should it exceed what a person who is not a judge would receive for the same activity.

B. Expense Reimbursement.
Expense reimbursement shall be limited to the actual cost of travel, food, and lodging reasonably incurred by the judge and, where appropriate to the occasion, by the judge's spouse. Any payment in excess of such amount is compensation.

C. Annual Declarations of Economic Interests.
A judge shall file a statement of economic interests as required by Rule 68, as amended effective August 1, 1986, and thereafter.
Adopted Dec. 2, 1986, eff. Jan. 1, 1987; amended June 4, 1991, eff. Aug. 1, 1991; amended April 1, 1992, eff. Aug. 1, 1992; amended Oct. 15, 1993, eff. immediately; amended Dec. 13, 1996, eff. immediately; amended Sept. 30, 2002, eff. immediately.
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Rule 67: Canon 7. A Judge or Judicial Candidate Shall Refrain from Inappropriate Political Activity

A. All Judges and Candidates.

(1) Except as authorized in subsections B(1)(b) and B(3), a judge or a candidate for election to judicial office shall not:
(a) act as a leader or hold an office in a political organization;
(b) publicly endorse or publicly oppose another candidate for public office;
(c) make speeches on behalf of a political organization;
(d) solicit funds for, or pay an assessment to a political organization or candidate.
(2) A judge shall resign from judicial office upon becoming a candidate for a nonjudicial office either in a primary or in a general election.

(3) A candidate for a judicial office:
(a) shall maintain the dignity appropriate to judicial office and act in a manner consistent with the integrity and independence of the judiciary, and shall encourage members of the candidate's family to adhere to the same standards of political conduct in support of the candidate as apply to the candidate;
(b) shall prohibit employees and officials who serve at the pleasure of the candidate, and shall discourage other employees and officials subject to the candidate's direction and control from doing on the candidate's behalf what the candidate is prohibited from doing under the provisions of this Canon;
(c) except to the extent permitted by subsection B(2), shall not authorize or knowingly permit any other person to do for the candidate what the candidate is prohibited from doing under the provisions of this Canon;
(d) shall not:
(i) make statements that commit or appear to commit the candidate with respect to cases, controversies or issues within cases that are likely to come before the court; or
(ii) knowingly misrepresent the identity, qualifications, present position or other fact concerning the candidate or an opponent; and
(e) may respond to personal attacks or attacks on the candidate's record as long as the response does not violate subsection A (3)(d).
B. Authorized Activities for Judges and Candidates.
(1) A judge or candidate may, except as prohibited by law:
(a) at any time
(i) purchase tickets for and attend political gatherings;
(ii) identify himself or herself as a member of a political party; and
(iii) contribute to a political organization.
(b) when a candidate for public election
(i) speak to gatherings on his or her own behalf;
(ii) appear in newspaper, television and other media advertisements supporting his or her candidacy;
(iii) distribute pamphlets and other promotional literature supporting his or her candidacy; and
(iv) publicly endorse or publicly oppose other candidates in a public election in which the judge or judicial candidate is running.
(2) A candidate shall not personally solicit or accept campaign contributions. A candidate may establish committees of responsible persons to conduct campaigns for the candidate through media advertisements, brochures, mailings, candidate forums and other means not prohibited by law. Such committees may solicit and accept reasonable campaign contributions, manage the expenditure of funds for the candidate's campaign and obtain public statements of support for his or her candidacy. Such committees are not prohibited from soliciting and accepting reasonable campaign contributions and public support from lawyers. A candidate's committees may solicit contributions and public support for the candidate's campaign no earlier than one year before an election and no later than 90 days after the last election in which the candidate participates during the election year. A candidate shall not use or permit the use of campaign contributions for the private benefit of the candidate or others.

(3) Except as prohibited by law, a candidate for judicial office in a public election may permit the candidate's name: (a) to be listed on election materials along with the names of other candidates for elective public office, and (b) to appear in promotions of the ticket.

C. Incumbent Judges.
A judge shall not engage in any political activity except (i) as authorized under any other provision of this Code, (ii) on behalf of measures to improve the law, the legal system or the administration of justice, or (iii) as expressly authorized by law.

D. Applicability.
Canon 7 generally applies to all incumbent judges and judicial candidates. A successful candidate, whether or not an incumbent, is subject to judicial discipline for his or her campaign conduct; an unsuccessful candidate who is a lawyer is subject to lawyer discipline for his or her campaign conduct. A lawyer who is a candidate for judicial office is subject to Rule 8.2(b) of the Rules of Professional Conduct.
Adopted Dec. 2, 1986, eff. Jan. 1, 1987; amended April 20, 1987, eff. Aug. 1, 1987; amended eff. Aug. 6, 1993; March 24, 1994.

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Rule 68: Declaration of Economic Interests

A judge shall file annually with the Clerk of the Illinois Supreme Court (the Clerk) a verified written statement of economic interests and relationships of the judge and members of the judge's immediate family (the statement).

As statements are filed in the Clerk's office, the Clerk shall cause the fact of that filing to be indicated on an alphabetical listing of judges who are required to file such statements. Blank statement forms shall be furnished to the Clerk by the Administrative Office of the Illinois Courts (the Director).

Any person who files or has filed a statement under this rule shall receive from the Clerk a receipt indicating that the person has filed such a statement and the date of such filing.

All statements filed under this rule shall be available for examination by the public during business hours in the Clerk's office in Springfield or in the satellite office of the Clerk in Chicago. Original copies will be maintained only in Springfield, but requests for examination submitted in Chicago will be satisfied promptly. Each person requesting examination of a statement or portion thereof must first fill out a form prepared by the Director specifying the statement requested, identifying the examiner by name, occupation, address and telephone number, and listing the date of the request and the reason for such request. The Director shall supply such forms to the Clerk and replenish such forms upon request. Copies of statements or portions of statements will be supplied to persons ordering them upon payment of such reasonable fee per page as is required by the Clerk. Payment may be by check or money order in the exact amount due.

The Clerk shall promptly notify each judge required to file a statement under this rule of each instance of an examination of the statement by sending the judge a copy of the identification form filled out by the person examining the statement.

The contents of the statement required by this rule shall be as specified by administrative order of this court.

Adopted eff. March 15, 1970. Amended April 1, 1986, eff. Aug. 1, 1986.

IN THE SUPREME COURT OF THE STATE OF ILLINOIS ADMINISTRATIVE ORDER

Order entered April 1, 1986; amended September 23, 2005:

The verified statements of economic interests and relationships referred to in our Rule 68, as amended effective August 1, 1986, shall be filed by all judges on or before April 30, 1987, and on or before April 30, annually thereafter. Such statements shall also be filed by every person who becomes a judge, within 45 days after assuming office. 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 the statement due on April 30. The form of such statements shall be as provided by the Administrative Director of the Illinois Courts, and they shall include all information required by Rule 68 and this order, including:

1. Current economic interests of the judge and members of the judge's immediate family (spouse and minor children residing with the judge) whether in the form of stock, bond, dividend, interest, trust, realty, rent, certificate of deposit, deposit in any financial institution, pension plan, Keogh plan, Individual Retirement Account, equity or creditor interest in any corporation, proprietorship, partnership, instrument of indebtedness or otherwise. Every source of noninvestment income in the form of a fee, commission, compensation, compensation for personal service, royalty, pension, honorarium or otherwise must also be listed. No reimbursement of expenses by any unit of government and no interest in defer="defer"red compensation under a plan administered by the State of Illinois need be listed. No amounts or account numbers need be listed in response to this paragraph 1. In listing his or her personal residence(s) in response to this paragraph 1, the judge shall not state the address(es). Current economic interests shall be as of a date within 30 days preceding the date of filing the statement.

2. Former economic interests of the type required to be disclosed in response to numbered paragraph 1 which were held by the judge or any member of the judge's immediate family (spouse and minor children residing with the judge) during the year preceding the date of verification. Current economic interests listed in response to numbered paragraph 1 need not be listed. No amounts or account numbers need be listed in response to this paragraph 2. In listing his or her personal residence(s) in response to this paragraph 2, the judge shall not state the address(es).

3. The names of all creditors to whom amounts in excess of $500 are owed by the judge or members of the judge's immediate family (spouse and minor children residing with the judge) or were owed during the year proceeding the date of verification. For each such obligation there is to be listed the category for the amount owed as of the date of verification and the maximum category for the amount of each such obligation during the year preceding the date of verification of the statement. The categories for reporting the amount of each such obligation are as follows:

  • not more than $5,000;
  • greater than $5,000 but not more than $15,000;
  • greater than $15,000 but not more than $50,000;
  • greater than $50,000 but not more than $100,000;
  • greater than $100,000 but not more than $250,000; and
  • greater than $250,000.

 Excluded from this requirement are obligations consisting of revolving charge accounts, with an outstanding liability equal to or less than $5,000.

4. The name of any individual personally known by the judge to be licensed to practice law in Illinois who is a co-owner with the judge or members of the judge's immediate family (spouse and minor children residing with the judge) of any of the economic interests disclosed in paragraphs 1 and 2, and the name of any person who has acted as a surety or guarantor of any of the obligations required to be disclosed in paragraph 3.

5. A list of every office, directorship and salaried employment of the judge and members of the judge's immediate family (spouse and minor children residing with the judge). Exclude unsalaried positions in religious, social or fraternal organizations, and honorary positions.

6. Pending cases in which the judge or members of the judge's immediate family (spouse and minor children residing with the judge) are parties in interest and, to the extent personally known to the judge, pending cases in which a party is an economic entity in which the judge or any member of the judge's immediate family has an interest. Cases in which a judge has been sued in the judge's official capacity shall not be included.

7. Any fiduciary position, including executorships and trusteeships of the judge or members of the judge's immediate family (spouse or minor children residing with the judge).

8. The name of the donor and a brief description of any gifts received by the judge or members of the judge's immediate family (spouse and minor children residing with the judge). Gifts of transportation, food, lodging or entertainment having a value in excess of $250 must be reported. All other gifts having a value in excess of $100 must be reported. Gifts between the judge and the judge's spouse, children or parents shall not be reported.

9. Any other economic interest or relationship of the judge or of members of the judge's immediate family (spouse and minor children residing with the judge) which could create a conflict of interest for the judge in the judge's judicial capacity, other than those listed in numbered paragraphs 1 to 8 hereof.

Prior to the first Monday in March of each year the Director shall inform each judge by letter of the requirements of this amended rule. The Director shall similarly inform by letter each person who becomes a judge of the requirements of the rule within 10 days of such person assuming office. The Director shall include with such letter instructions concerning the required statements, two sets of the statement forms and one mailing envelope preaddressed to the Clerk. The Clerk shall redact personal residence addresses contained in any statement filed pursuant to Supreme Court Rule 68. The letter, instructions, and statements shall be in substantially the form set forth below:

[Letterhead of Administrative Office of the Illinois Courts]

TO: MEMBERS OF THE JUDICIARY OF THE STATE OF ILLINOIS
RE: Compliance with Supreme Court Rule 68

As a member of the judiciary, you are required to file an annual statement of economic interests pursuant to Supreme Court Rule 68. Enclosed are the necessary forms and envelopes to be used in complying with Rule 68 on or before ___________________, 20__.

In this packet are:

  1. One copy of "Instructions Concerning Required Statements for Members of the Judiciary of the State of Illinois."
  2. Two copies of the form entitled "Statement Required of Members of the Judiciary of the State of Illinois." [One copy to be filed with the Clerk of the Supreme Court, one copy to be retained for your records.]
  3. One 9 x 12 mailing envelope preaddressed to the Clerk of the Supreme Court.

 

The Supreme Court requests you follow these instructions carefully and asks that you be certain to return the original of your statement in the mailing envelope furnished herewith preaddressed to the Clerk of the Supreme Court.

Forms for compliance with public act 77-1806, "Illinois Governmental Ethics Act," will be mailed to you under separate cover and must be filed separately with the secretary of state.

Very truly yours,
Director

 

INSTRUCTIONS CONCERNING REQUIRED STATEMENTS FOR MEMBERS OF

THE JUDICIARY OF THE STATE OF ILLINOIS

On or before April 30, 1987, and on or before April 30, annually thereafter, every judge of the Supreme Court, the Appellate Court and every judge and associate judge of the Circuit Court shall file a verified written statement (the statement) of economic interests and relationships which may create conflicts of interest, with the Clerk of the Illinois Supreme Court. Such statements shall be filed by every person who becomes a judge or associate judge within 45 days after assuming office and on or before each April 30 thereafter. 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 the statement due on April 30.

The statements required shall include the following information which, except where noted, shall include information as of the date of verification of the statement.

1. Current economic interests of the judge and members of the judge's immediate family (spouse and minor children residing with the judge) whether in the form of stock, bond, dividend, interest, trust, realty, rent, certificate of deposit, deposit in any financial institution, pension plan, Keogh plan, Individual Retirement Account, equity or creditor interest in any corporation, proprietorship, partnership, instrument of indebtedness or otherwise. Every source of noninvestment income in the form of a fee, commission, compensation, compensation for personal service, royalty, pension, honorarium or otherwise must also be listed. No reimbursement of expenses by any unit of government and no interest in defer="defer"red compensation under a plan administered by the State of Illinois need be listed. No amounts or account numbers need be listed in response to this paragraph 1. In listing his or her personal residence(s) in response to this paragraph 1, the judge shall not state the address(es). Current economic interests shall be as of a date within 30 days preceding the date of filing the statement.

2. Former economic interests of the type required to be disclosed in response to numbered paragraph 1 which were held by the judge or any member of the judge's immediate family (spouse and minor children residing with the judge) during the year preceding the date of verification. Current economic interests listed in response to numbered paragraph 1 need not be listed. No amounts or account numbers need be listed in response to this paragraph 2. In listing his or her personal residence(s) in response to this paragraph 2, the judge shall not state the address(es).

3. The names of all creditors to whom amounts in excess of $500 are owed by the judge or members of the judge's immediate family (spouse and minor children residing with the judge) or were owed during the year preceding the date of verification. For each such obligation there is to be listed the category for the amount owed as of the date of verification and the maximum category for the amount of each such obligation during the year preceding the date of verification of the statement. The categories for reporting the amount of each such obligation are as follows:

  1. not more than $5,000;
  2. greater than $5,000 but not more than $15,000;
  3. (greater than $15,000 but not more than $50,000;
  4. greater than $50,000 but not more than $100,000;
  5. greater than $100,000 but not more than $250,000; and
  6. greater than $250,000.

 Excluded from this requirement are obligations consisting of revolving charge accounts, with an outstanding liability equal to or less than $5,000.

4. The name of any individual personally known by the judge to be licensed to practice law in Illinois who is a co-owner with the judge or members of the judge's immediate family (spouse and minor children residing with the judge) of any of the economic interests disclosed in paragraphs 1 and 2, and the name of any person who has acted as a surety or guarantor of any of the obligations required to be disclosed in paragraph 3.

5. A list of every office, directorship and salaried employment of the judge and members of the judge's immediate family (spouse and minor children residing with the judge). Exclude unsalaried positions in religious, social or fraternal organizations, and honorary positions.

6. Pending cases in which the judge or members of the judge's immediate family (spouse and minor children residing with the judge) are parties in interest, and, to the extent personally known to the judge, pending cases in which a party is an economic entity in which the judge or any member of the judge's immediate family has an interest. Cases in which a judge has been sued in the judge's official capacity shall not be included.

7. Any fiduciary position, including executorships and trusteeships of the judge and members of the judge's immediate family (spouse and any minor child residing with the judge).

8. The name of the donor and a brief description of any gifts received by the judge or members of the judge's immediate family (spouse and minor children residing with the judge). Gifts of transportation, food, lodging or entertainment having a value in excess of $250 must be reported. All other gifts having a value in excess of $100 must be reported. Gifts between the judge and the judge's spouse, children or parents shall not be reported.

9. Any other economic interest or relationship of the judge or of members of the judge's immediate family (spouse and minor children residing with the judge) which could create a conflict of interest for the judge in the judge's judicial capacity other than those listed in numbered paragraphs 1 to 8 hereof.

The Statements required herein shall be in substantially the form titled "STATEMENT REQUIRED OF MEMBERS OF THE JUDICIARY OF THE STATE OF ILLINOIS," which is attached hereto as Exhibit A.

EXHIBIT A

STATEMENT REQUIRED OF MEMBERS OF THE JUDICIARY OF THE STATE OF ILLINOIS

1. My current economic interests and the current economic interests of my immediate family (spouse and minor children residing with me) are as follows:

(Here list current economic interests specified in numbered paragraph 1 of the instructions setting forth the date (within 30 days of the date of filing) as of which said interests are being reported.)

2. My former economic interests and the former economic interests of my immediate family (spouse and minor children residing with me) held during the year preceding the date of verification:

(Here list former economic interests specified in numbered paragraph 2 of the instructions.)

3. Creditors to whom amounts in excess of $500 are owed as of the date of verification or were owed during the year preceding the date of verification by me or members of my immediate family (spouse and minor children residing with me), exclusive of revolving charge accounts with an outstanding liability equal to or less than $5,000, the amount of each such obligation outstanding as of the date of verification and the maximum amount of each such obligation during such preceding year within the categories set forth in paragraph numbered 3 of the instructions:

(Here list in accordance with numbered paragraph 3 of the instructions.)

4. The name of any individual personally known by me to be licensed to practice law in Illinois who is a co-owner with me or members of my immediate family (spouse and minor children residing with me) of any of the economic interests disclosed in paragraphs 1 and 2, and the name of any person who has acted as a surety or guarantor of any of the obligations required to be disclosed in paragraph 3.

(Here list in accordance with numbered paragraph 4 of the instructions.)

5. My offices, directorships, and salaried employments and the offices, directorships and salaried employments of my immediate family (spouse and minor children residing with me) are as follows:

(Here list in accordance with numbered paragraph 5 of the instructions.)

6. Pending cases in which I or members of my immediate family (spouse and minor children residing with me) have an interest are as follows:

(Here list pending cases in which you or members of your immediate family are parties in interest, or an economic entity to which you or they have an interest is a party, in accordance with numbered paragraph 6 of the instructions.)

7. My fiduciary positions, including executorships and directorships, and the fiduciary positions of the members of my immediate family (my spouse and minor children residing with me) are as follows:

(Here list fiduciary positions in accordance with numbered paragraph 7 of the instructions.)

8. The name of the donor of gifts received by me or members of my immediate family (spouse and minor children residing with me) during the year preceding the date of verification, are as follows:

(Here list gifts in accordance with numbered paragraph 8 of the instructions.)

9. My economic interests and relationships and those of my immediate family (spouse and minor children residing with me), other than those listed in numbered paragraphs 1 to 8 hereof, which could create conflicts of interest for me in my judicial capacity are as follows:

(Here insert any economic interest or relationship which might or could create a substantial conflict of interest.)

VERIFICATION

Pursuant to Supreme Court Rule 68, I declare that this statement of economic interest, including any accompanying schedules and statements, as it relates to me and members of my immediate family, has been examined by me and to the best of my knowledge and belief is true, correct and complete.

_____________________

Judge's Signature

_____________________

Date

Order adopted April 1, 1986. Order amended April 20 1987, eff. August 1, 1987; order amended Dec. 30, 1993, eff. Jan.1, 1994; order amended Dec.1, 1995, effective immediately; order amended September 23, 2005, effective immediately.

RULE 69-70 - Reserved.

RULE 71 - Violation of Rules.

A judge who violates Rules 61 through 68 may be subject to discipline by the Illinois Courts Commission.

Adopted Jan. 30, 1970, eff. March 15, 1970; amended eff. Oct.1, 1971; amended June 24, 1976, eff.  July 15, 1976; Dec. 2, 1986, eff. Jan. 1, 1987.

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Rules of Procedure of the Judicial Inquiry Board
(Established Pursuant to Article VI, Section 15 (d), Constitution of the State of Illinois )

 

 

RULE 1 - DEFINITIONS

When used in these Rules:

(a) "Constitution" means the 1970 Constitution of the State of Illinois.

(b) "Board" means the Judicial Inquiry Board created by the Constitution, Article VI, Section 15(b), (c) and (d).

(c) "Commission" means the Courts Commission created by the Constitution, Article VI, Section 15(e), (f) and (g).

(d) "Judge" means a judge or associate judge of the Supreme Court, the Appellate Court or any Circuit Court of the State of Illinois.

(e) The term "misconduct" when used in reference to a judge or associate judge means and includes judicial misconduct (as distinguished from physical or mental disability) for which a judge is subject to discipline under the law and Constitution of Illinois and the rules adopted by the Supreme Court pursuant to Section 13(a) of Article VI of the Constitution.

(f) The term "disability" when used in reference to a judge means a physical or mental disability to perform his duties.

RULE 2 - BOARD PERSONNEL

(a) The Board shall, with the concurrence of at least five members, designate a Chair and a Vice-Chair, each to serve for a term of one year and until the designation, in like manner, of his or her respective successor.

(b) The Chair shall be the chief executive officer of the Board, shall preside at all meetings of the Board, and shall perform such other duties and have such other authority as the Board may delegate.

(c) The Vice-Chair shall, in the absence or disability of the Chair, perform the duties and exercise the authorities of the Chair.

(d) The Board may hire a staff, including an Executive Director.

RULE 3 - MEETINGS

(a) Meetings shall be held from time to time pursuant to the call of the Chair or three members of the Board.

(b) Written notice stating the time and place of meetings shall be given to members of the Board at least two days prior to each meeting.

(c) Five members of the Board shall constitute a quorum of the Board. The act of a majority of the members present at any meeting at which a quorum is present shall be the act of the Board unless the act of a greater number is required by the Constitution or by these Rules of Procedure.

(d) Any action, except a determination to file a complaint, required to be taken by the Board or at any meeting of the Board shall be deemed the action of the Board if all members of the Board execute, either before or after the action is taken, a written consent thereto and the consent is filed with the records of the Board.

RULE 4 - EXERCISE OF THE POWERS OF THE BOARD

(a) The Board (1) on its own motion, or (2) in response to information received by it tending to suggest that a judge is guilty of misconduct or is suffering from a disability, and which is not, on preliminary examination or inquiry, determined to be patently frivolous or unfounded, may initiate and conduct an investigation to determine whether a reasonable basis exists for the filing of a complaint with the Commission. During an investigation, the Board may request a judge voluntarily to appear and discuss issues relating to conduct under investigation.

(b) Following an investigation, the Board may determine that a reasonable basis exists to charge a judge with misconduct or disability in a complaint filed with the Commission. Such determination shall require the concurrence of not less than five members of the Board.

(c) In determining whether a reasonable basis exists to charge a judge with misconduct or disability, the Board will consider the rules of conduct for judges and associate judges adopted by the Supreme Court of Illinois, the provisions of Sections 15(c) and 15(e) of Article VI of the 1970 Illinois Constitution and Section 13(b) of Article VI of the 1970 Illinois Constitution.

(d) The Board shall, before proceeding to a determination that a reasonable basis exists to charge the judge before the Courts Commission, give the judge written notice of the substance of the proposed charge. This written notice will set forth a date, place and time at which the judge shall be required to appear before the Board, accompanied by counsel if the judge so elects.

(e) During this required appearance before the Board, the judge shall be questioned by the Board concerning the proposed charge, and the judge will be given the opportunity to make such statement in respect to the proposed charge as he/she may desire. In addition, the judge will be given the opportunity to present to the Board such information, oral or written (including the names of any witness he/she may wish to have heard by the Board) in respect to the proposed charge as he/she may desire. Such written information and names of witnesses shall be forwarded to the Board not less than 5 days prior to the judge's appearance. A judge may, upon concurrence of the Board, in his/her own person or through counsel, in writing waive his/her required appearance before the Board to respond to charges. (Amended effective April 10, 1998.)

(f) No hearing of or appearance before the Board shall be continued except upon written motion supported by good cause. No hearing of or appearance before the Board shall be continued more than once except under extraordinary circumstances.

(g) The Board shall not disclose the identity of any informant or complainant or any witness unless the Board shall determine that such disclosure is required by the circumstances of the case.

(h) The Board shall not be bound by formal rules of evidence.

(i) Nothing contained in these Rules shall be construed as granting any judge the right to examine or cross-examine witnesses who may be heard by the Board or to have subpoenas issued by the Board on his behalf, provided, however, that the Board, in its discretion, may permit such action.

(j) Upon a finding by the Board that a reasonable basis exists for the filing of a complaint against a judge before the Commission, the Board shall designate one or more licensed attorneys-at-law who are not members of the Board to conduct the prosecution of the complaint before the Commission.

(k) Where the Board determines that a judge's conduct does not warrant initiation of formal proceedings at that time, the Board may issue a letter to the judge, calling the judge's attention to conduct which should be avoided in the future. ( Adopted effective, April 10, 1998.)

RULE 5 - CONFIDENTIALITY

(a) The proceedings of the Board and all information and materials, written or oral, received or developed by the Board in the course of its work, insofar as such proceedings and information or materials relate to the question of whether a judge is guilty of misconduct or suffers from disability, shall be confidential and privileged as a matter of law.

(b) When the Board has conducted an investigation but determined not to propose any charges to the judge in question, the Board shall by letter notify the judge and the person, if any, who had brought the matter to the attention of the Board, that such a determination has been made; provided, however, that no such information need be furnished to the judge unless it appears to the Board that he knows, or has reason to know, that a communication was made about him or her to the Board or that the Board conducted an investigation which involved the judge.

(c) When the Board has conducted an investigation and proposed charges to a judge, and subsequently determined that a reasonable basis does not exist for the filing of a complaint with the Commission, the Board shall by letter notify the judge and the person, if any, who had brought the matter to the attention of the Board, that such a determination has been made. The issuance of such letters does not mean that the repetition of such charged conduct, or other conduct violations coupled with the charged conduct or repetitions thereof, could not give rise to a future determination that a reasonable basis exists for the filing of a complaint with the Commission.

(d) In matters of contempt or perjury in Board proceedings, the Board may initiate appropriate action, including court proceedings, in order to protect the integrity of Board proceedings. When the Board takes such action, the Board may make such disclosures as are necessary to prosecute the action. ( Amended effective, April 10, 1998.)

(e) After any disposition of a matter, the Board, if it believes that fairness and the public interest require it, may issue a public announcement of the Board's determination.

(f) When the Board is in the process of conducting an investigation based upon factors or complaints submitted by the subject judge's chief or factors already disclosed to the public by some other manner, and where that chief judge, pursuant to Supreme Court Rule 56, has temporarily assigned the judge to restricted duties or duties other than judicial duties, the Board may advise the chief judge when, and if, it is of the opinion that the judge subject to investigation may be returned to his or her regular assignment. Such disclosure may be made only upon the concurrence of the judge subject to investigation. In such circumstances, the chief judge shall be bound by the same rule of confidentiality and privilege as the Board itself. (Adopted effective, April 10, 1998.)

RULE 6 - SUBPOENA POWER

(a) Pursuant to the subpoena power granted to the Board by the Constitution, subpoena and subpoena duces tecum may be issued in the name and upon the authority of the Board by any member of the Board. Every subpoena shall command each person to whom it is directed to attend and give testimony before the Board at a time and place therein specified. A subpoena duces tecum may also command the person to whom it is directed to produce the books, papers, documents or tangible things designated therein.

(b) The testimony or deposition of any witness, whether or not compelled by subpoena, may be taken, and any witness (and any books, records, papers or other documents) may be examined, on behalf of the Board, by or before:

(i) the Board;

(ii) a panel of the Board consisting of one or more members of the Boad

(iii) the Executive Director or any staff investigator designated for that purpose by the Chair or the Executive Director;

(iv) any person as a delegate of the Board designated for that purpose by the Chair.

(c) In the performance of any of its responsibilities as set forth in paragraph 6(b) above, any Board member, the Executive Director, staff investigator or person delegated by the Chair, may administer oaths or affirmations.

(d) The fees of witnesses for attendance and travel shall be the same as the fees to witnesses before the Circuit Courts of Illinois. A subpoena or subpoena duces tecum shall be served in the same manner as a subpoena issued out of a Circuit Court of Illinois.

RULE 7 - SERVICE OF NOTICES

Any notice permitted or required to be given by the Board may be served by personal delivery, certified mail or registered mail.

RULE 8 - AMENDMENT OF RULES

These Rules may be altered, amended or repealed and new Rules may be adopted at any meeting of the Board by an affirmative vote of not less than five members present at any such meeting; provided however, that notice of a proposed new Rule, as the case may be, shall have been given to all members of the Board at least ten days prior to the meeting at which such action is to be taken

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CONFLICT OF INTEREST POLICY

Any member of the Judicial Inquiry Board shall disqualify himself or herself from participating in any action of the Board where there exists a conflict of interest or an appearance thereof; as a guide in this area, the members of the Board will consider the standards of conduct applicable to Illinois judges.

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RULES OF PROCEDURE OF THE ILLINOIS COURTS COMMISSION

PREAMBLE

1. Authority and Purpose

2. Place of Filing

RULES TOP

Agency Note: These rules shall be effective June 27, 1999. This effective date has been established in accordance with Section 15(g) of Article VI of the Illinois Constitution, as amended. (1970 Ill Const., Art.VI, sec. 15(g)). This stipulation will apply to any future amendment.

PREAMBLE

1. Authority and Purpose
These rules are established pursuant to Article VI, section 15(g) of the 1970 Illinois Constitution. (1970 Ill. Const., Art., VI, sec. 15(g)). These rules set forth the procedure by which all proceedings before the Illinois Courts Commission shall be governed.

2. Place of Filing
All pleadings and notices shall be filed with the Secretary of the Illinois Courts Commission at the Administrative Office of the Illinois Courts, 3101 Old Jacksonville Rd., Springfield, Illinois 62704.

RULES

3. Procedures
The Rules of Procedure of the Illinois Courts Commission shall govern all proceedings of the Commission.

4. Definitions
"Alternate Member" means a Supreme Court judge selected by the Supreme Court, a Circuit Court judge selected by the Supreme Court, an Appellate Court judge selected by the Appellate Court, or a citizen selected by the Governor to act in place of a specific member of the Commission who is unable to participate for any reason.

"Board" means the Judicial Inquiry Board created by the Constitution.

"Chairperson" means that member of the Commission selected by the members to serve as Chairperson of the Commission for a two-year term.

"Commission" means the Courts Commission created by the Constitution.

"Complaint" means a formal written charge filed by the Judicial Inquiry Board.

"Constitution" means the 1970 Constitution of the State of Illinois, as amended, effective November 3, 1998.

"Judge" means a judge of the Supreme, Appellate, or Circuit Court, or an associate judge of the Circuit Court.

"Member" means the Supreme Court judge and the two Circuit Court judges selected by the Supreme Court, the two Appellate Court judges selected by the Appellate Court, and the two citizens selected by the Governor to serve on the Commission.

"Secretary" means the person designated by the Commission to perform that function.

The terms "Service" and "Notice" shall include service or notice by personal delivery, certified mail, or registered mail.

5. Secretary of the Commission
The Director of the Administrative Office of the Illinois Courts is designated as Secretary in all proceedings before the Commission. The Director is empowered to perform those duties ordinarily performed by a clerk of a court of record in this state and such other duties as may be delegated by the Commission. The Director shall keep and preserve all records of the Commission. The Director may designate an individual from the Administrative Office to serve in his or her stead at hearings and meetings of the Commission.

6. Alternate Commission Members
(a) If a member is absent or unable to participate in a given proceeding or is disqualified from participation in any proceeding pursuant to sub-paragraph (h) of Section 15 of Article VI of the Constitution, an alternate member shall replace him or her.
(b) When a member who is an appellate court judge is absent or unable to participate in a proceeding or is disqualified from participating, an alternate appellate court judge shall replace him or her. Alternate appellate court judges shall serve on a rotating basis. The numerical order of the Judicial Districts from which the alternates were selected (1through 5) shall determine the order of the alternates' rotation. If an alternate is also disqualified, absent, or unable to participate, the next alternate shall serve. Any alternate who is disqualified, absent, or unable to participate shall be placed at the end of the rotation.
(c) When a member who is a circuit judge is absent or unable to participate in a proceeding or is disqualified from participating, an alternate circuit judge shall replace him or her. Alternate circuit judges shall serve on a rotating basis. The numerical order of the Judicial Districts from which the alternates were selected (1through 5) shall determine the order of the alternates' rotation. If an alternate is also disqualified, absent, or unable to participate, the next alternate shall serve. Any alternate who is disqualified, absent, or unable to participate shall be placed at the end of the rotation.
(a) If a member selected by the Governor is absent or unable to participate in a proceeding or disqualified from participating, an alternate member selected by the Governor shall replace him or her.

7. Complaints, Pleadings - Filing and Notice
(a) Formal disciplinary proceedings respecting any judge shall be commenced by the filing of a complaint by the Judicial Inquiry Board in the Office of the Courts Commission Secretary in Springfield. The complaint shall specify in plain and concise language the charges against the judge and the allegations of fact upon which such charges are based, and it shall advise the judge of his or her right to file responsive pleadings to the charges within twenty-one (21) days after service of notice upon the judge. No other process or summons shall be necessary to institute said proceedings.
(b) Service of notice of filing of a complaint shall be made by the Secretary by sending the notice with a copy of the complaint to the judge at the judge's chambers or to the address of the judge's last known residence. In the alternative, service may be made in a manner consistent with rules for service of process in civil cases in Illinois.
(c) Notice of the date, time and place of the hearing shall be served upon the judge and an attorney who files an appearance on behalf of the judge not less than twenty-one (21) days prior to the date upon which the hearing is set.
(d) The judge shall file responsive pleadings in the Office of the Secretary in Springfield not more than twenty-one (21) days following the service of the notice and the copy of the complaint upon him or her. For good cause shown, the Commission may extend the time for filing such pleadings. The pleadings shall be in clear and concise language designed to fairly respond to the charges brought against the judge.

8. Hearings
(a) The Commission shall conduct public hearings at such place or places in the state as it shall determine will best serve the public interest.
(b) Notwithstanding the failure of any judge to file responsive pleadings or to appear at the hearing set by the Commission, the Commission may proceed with the hearing, provided that all evidence in support of the complaint shall be heard by the Commission in a public hearing.

9. Conduct of Proceedings
(a) All proceedings before the Commission shall be conducted as expeditiously as possible. The Commission may delegate to any member such matters for preliminary determination as it may deem desirable or necessary to expedite the proceedings.
(b) The provisions of the Code of Civil Procedure, Illinois Supreme Court Rules, and the rules of evidence applicable in civil cases in Illinois shall govern Commission proceedings, except as otherwise provided by these rules or by law. The allegations of the complaint must be proved by clear and convincing evidence.
(c) The Commission shall have the right to take judicial notice of matters of which courts of record of this state may take judicial notice.

10. Subpoena of Witnesses
The Secretary shall prepare and cause to be issued subpoenas returnable before the Illinois Courts Commission at the request of any party. Witnesses shall be entitled to witness fees and expenses as provided for in the Code of Civil Procedure.

11. Witness' Right to Representation
Any witness at any hearing of the Commission shall, upon leave of the Commission, have the right to be represented by counsel, but such counsel shall not participate in the hearing, or cross-examine witnesses, except by permission of the Commission. The examination of all witnesses shall be conducted by counsel for the parties, and may also be conducted by any member of the Commission.

12. Transcript of Proceedings
A transcript of proceedings shall be made and kept whenever the Commission meets as a body to receive evidence, hear testimony, or hear the arguments of counsel regarding matters pending before the Commission. However, a transcript will not be made and kept where the Commission delegates to any member matters for preliminary determination unless a party or the Commission requests a transcript of such proceeding. All proceedings of the Courts Commission and all orders entered by the Commission, except deliberations of the Commission or as otherwise noted herein, shall be matters of public record. All orders of the Commission shall be in writing and shall be preserved by the Secretary in the permanent records of the Commission.

13. Conclusion of Proceedings - Orders Entered by Commission
At the conclusion of a hearing, the Commission shall, within a reasonable time, enter an appropriate order, exercising the authority vested in it by sub-paragraph (e) of Section 15 of Article VI of the Constitution. The concurrence of at least four members of the Commission shall be necessary for a valid order. The decision of the Commission shall be final.

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