CBA Record November-December 2022

making a confidential referral to an assistance program. • Rule 2.15 (Responding to Judicial and Lawyer Misconduct) contains substantive changes in both Para graphs (A) and (B). Paragraph (A) provides that a judge that has knowl edge that another judge has commit ted a violation of the Code that raises a substantial question regarding the judge’s honesty, trustworthiness, or fitness as a judge in other respects shall inform the Judicial Inquiry Board. Paragraph (B) provides that a judge who has knowledge that a lawyer committed a violation of the Illinois Rules of Professional Con duct that raises a substantial ques tion regarding the lawyer’s honesty, trustworthiness, or fitness as a lawyer shall inform the Illinois ARDC. This Rule also requires that when a judge has knowledge that another judge or lawyer has violated a rule that does not raise a substantial question of honesty, trustworthiness, or fitness, the judge must still take appropriate action to prevent any continued and further violations. Rule 2.16 (Cooperation with Disci plinary Authorities) requires a judge to cooperate with judicial and attor ney disciplinary authorities, and further prohibits judges from engag ing in retaliation against any person known to or suspected to have coop erated with disciplinary authorities in the investigation of a judge or lawyer. Canon 3 The new Code’s Canon 3 contains four primary changes from the current Code. Rule 3.6 (Affiliation with Discrimina tory Organizations) adds prohibitions of judges having memberships in organiza tions that engage in invidious discrimi nation and further prohibits judges from using the benefits or facilities of such an organization. Paragraph (B), however, contains an exception for a judge who attends an isolated event at the facility of such an organization, where that atten dance could not reasonably be perceived •

as an endorsement of the organization’s practices. New Rule 3.13 (Acceptance of Gifts, Loans, Bequests, Favors, Benefits, or Other Things of Value) amplifies what is currently Illinois Supreme Court Rule 65C(4) by providing additional exam ples of benefits that judges can properly accept, including financial opportunities, prizes, scholarships, and invitations to events, in instances where the same ben efits are available to other people who are not judges and at the same comparable terms. Each of the Comments to Rule 3.13 are new and will assist judges who are attempting to determine whether a gift or benefit is proper. Rule 3.14 (Reimbursement of Expenses and Waivers of Fees or Charges) adds color to current Illinois Supreme Court Rule 66B’s allowance for judges to accept not only expense reimbursements, but also waivers of registration or tuition fees connected with attending permitted extra-judicial activities in instances where such waivers would not be expected to create unacceptable appearances. Rule 3.15 (Reporting Requirements) is one of the most substantial changes in the new Code and will provide considerably greater specificity and direction in identi fying what assets, income, and indebted ness judges must report in their financial disclosures on the required Statement of Economic Interests. The new Rule also changes the effective date for the report ing of data to December 31 of the year prior to the submission of the report, rather than 30 days prior to the submis

sion of the report. Additionally, Rule 3.15 changes dollar thresholds for the assets, gifts, and indebtedness that must be reported, adds requirements for judges to identify lawyers with whom the judge was associated with in practice for the three years prior to the submission of the report, and adds a requirement for judges to dis close matters in which a judge was a refer ring attorney that are either still pending, or were resolved in the three years prior to the submission of the financial report. Canon 4 Canon 4 governs political campaigns and likely includes the most significant dif ferences from the ABA Model Code, to accommodate Illinois’s judicial election system. Rule 4.1 (Political and Campaign Activities in Public Elections) incorporates current restrictions on campaign activities that are now found in Illinois Supreme Court Rule 67, but it modifies the current Illinois provision governing a judicial can didate’s public endorsement or opposition to other candidates for elective public office. Specifically, new Rule 4.1(D)(2) (d) limits the category of candidates that a judicial candidate in a public election may endorse or oppose to a judicial candidate running in the same primary or general election as the endorsing judge. New Rule 4.3 (Activities of Candidates for Appointive Judicial Office) provides restrictions on the activities of applicants for appointive judicial office that are simi lar to those restrictions that are already in place for candidates for elective judi cial office. With respect to judges who

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