ISBA Board backs new guidelines for judicial recusal

The ISBA Board of Governors voted to support the Special Committee on Judicial Disqualification Standards proposed rule and special commentary at its meeting on Oct. 19. The special committee was organized by ISBA President John E. Thies in response to increasing public and professional attention to campaign contributions in judicial elections and the perception that such contributions may influence judicial decision making.

“I want to compliment the special committee’s hard work. I’d also like to thank the ISBA Board of Governors for unanimously passing the recommendation,” President Thies said. “If adopted by our Supreme Court, the new rule – which would amend the Code of Judicial Conduct – would be an important step toward enhancing public confidence in the judiciary.”

The new rule reads as follows:

Ill.S. Ct. R. 63(C)(3):

            A judge shall disqualify himself or herself in a proceeding where monetary or non-monetary support related to the judge’s election or retention creates a probability of bias.  Factors to be considered in determining whether disqualification is required include, but are not limited to: the amount of the monetary support; the nature of non-monetary support; the timing and impact of support; the issues involved in the proceeding; whether the proceeding was pending or likely to be pending before the judge when the support was provided; and the connection of the supporter to the judge, to the proceeding, or to the litigants or attorneys participating in the proceeding.

The special committee is co-chaired by the retired First District Justice Gino L. DiVito and Warren Lupel. Divito is a past president of the Illinois Judges Association and Lupel is a chair of the Illinois Judicial Ethics Committee. “Their leadership has been crucial in guiding the committee,” President Thies said.

The special committee was formed to review and consider Illinois’ judicial disqualification standards in light of the 2009 U.S. Supreme Court case Caperton v. A.T. Massey Coal Company. In Caperton, the Court found a due process violation where a Justice of the West Virginia Supreme Court refused to disqualify himself in a matter in which one of the parties contributed approximately $3 million to his campaign.

The new rule will be presented to the Assembly for consideration in December.