Assembly approves judicial recusal rule, supports same-sex marriage, medical marijuana bills
The ISBA Assembly on Saturday adopted a proposed rule governing recusal of judges in cases in which a party has made a campaign contribution to the judge. The Assembly meeting capped off the annual Midyear Meeting held at the Sheraton Chicago Hotel & Towers.
The ISBA will recommend the proposed rule to the Illinois Supreme Court as an amendment to the Illinois Code of Judicial Conduct. The proposed rule provides that a judge shall disqualify himself or herself when, after considering all relevant circumstances, there exists a probability of bias. Relevant circumstances include items such as the amount of campaign support, both monetary and non-monetary, and the timing and impact of the support.
The Assembly also voted to support the Religious Freedom and Marriage Fairness Act pending in the Illinois state Legislature. The bill provides same-sex and different-sex couples and their children equal access to the status, benefits, protections, rights, and responsibilities of civil marriage.
The Assembly also endorsed Illinois legislation that would allow patients who suffer from a debilitating medical condition to use and possess small amounts of marijuana if certified to do so by their regular physician.
Member Comments (1)
i think this rule does not go far enough. the recusal should be based on an appearance of impropriety. to prove that there exists a probability of bias is almost impossible. to prove an appearance of impropriety is easier.
in lake county, this issue arose in several cases. one lawyer held a fund raiser for a judge running in his first contested election after being appointed to fill a full circuit vacancy. the lawyer hired a band, a caterer, a valet parking service, used her home. the sum raised was over half of that raised totally by the judge in the election contest.
then the lawyer appeared before the judge in contested matters. the opponents moved to disqualify. the cases went to the chief judge for hearing on the disqualification. the case law on this issue is strongly in favor of the judge. the chief did not find any reason to disqualify. the chief held that judges have to run in contested elections, lawyers donate to those elections, we presume judges can be fair and impartial. nonsense.
this situation and the new rule do nothing to give the public confidence in the independence and lack of bias of the judiciary. the rule should be much stronger in favor of disqualification.