Judicial Code … Judicial Elections … What You Need to Know for 2024

The Illinois Judicial Ethics Committee (IJEC) is comprised of members nominated by the Chicago Bar Association, Illinois State Bar Association, and Illinois Judge’s Association. IJEC is a confidential resource for judges seeking advice on ethics as it relates to the Code of Judicial Conduct, and it has issued ethics opinions based on the former code since 1992. All that changed when a new Illinois Code of Judicial Conduct (Code) was approved by the Illinois Supreme Court in July 2022. It became effective on January 1, 2023. 

There are a number of significant changes in the Code. As we approach the 2024 election cycle, it is important to recognize that judicial campaigns are governed by the Election Code, as well as the Code. Specifically, for judicial candidates and non-candidate sitting judges, the Code distinguishes permitted political conduct from prohibited political conduct. These changes prompted a series of questions to IJEC from both candidate and non-candidate judges about election and campaign activity. In light of these inquiries, a roster of recurring issues on political activity for candidates and non-candidates was updated in October 2023. In a simple format of straightforward questions and direct answers, it serves as guide for both candidates and non-candidates through the first election cycle under the Code. Keep in mind that IJEC’s “Election/Campaign FAQ’s” is the consensus of the IJEC but is not binding on the Judicial Inquiry Board or the Illinois Courts Commission. However, the “FAQ’s” provides guidance for judicial candidates and judges under the Code. The “FAQs” is attached for your review. 

The most notable change in the Code regarding elections and campaign activity is public endorsements (in Rule 4.1). Under the Code, a judicial candidate may only publicly endorse or oppose another judicial candidate in the same election cycle and is prohibited from publicly endorsing any non-judicial candidate. For example, judicial candidates may no longer publicly endorse or oppose a candidate for senate, county board, or state’s attorney. Rather, a judicial candidate is limited to public endorsement or opposition only of another judicial candidate and only in his or her election cycle. Thus, a judicial candidate for retention in November 2024 may not endorse a judicial candidate in the spring 2024 primary. Non-candidate judges are prohibited from publicly endorsing or opposing any candidate for public office at any time. 

For additional information regarding IJEC, please visit www.ija.org.