1990 Illinois Rules of Professional Conduct
RULE 3.5 Impartiality and Decorum of the
Tribunalstrikethrough;
additions to the 1990 Rule are shown in red]
A lawyer shall not:
(a) seek to influence a judge, juror, prospective juror or other official by means prohibited by law;
(b) communicate ex parte with such a person during the proceeding unless authorized to do so by law or court order;
(c) communicate with a juror or prospective juror after discharge of the jury if:
(1) the communication is prohibited by law or court order;
(2) the juror has made known to the lawyer a desire not to communicate; or
(3) the communication involves misrepresentation, coercion, duress or harassment; or
(d) engage in conduct intended to disrupt a tribunal.
(a)
Before the trial of a case, a lawyer connected therewith shall not
communicate with or cause another to communicate with anyone the lawyer
knows to be a member of the venire from which the jury will be selected for
the trial of the case.
(b) During the trial of a case:
(1) a lawyer connected therewith shall not communicate
with or cause another to communicate with a juror; and
(2) a lawyer who is not connected therewith shall not
communicate with or cause another to communicate with a juror concerning the
case.
(c) Notwithstanding Rules 3.5(a) and (b), a lawyer may
communicate with members of the venire or jury in the course of official
proceedings.
(d) After discharge of the jury from further
consideration of a case with which the lawyer was connected, the lawyer
shall not ask questions of or make comments to a juror until the venire of
which such juror is a member has been discharged, nor shall the lawyer
thereafter ask questions of or make comments to a member of the venire that
are calculated merely to harass or embarrass the juror or to influence such
juror's actions in future jury service.
(e) A lawyer shall not conduct or cause another to
conduct, by financial support or otherwise, a vexatious or harassing
investigation of members of the venire or jury.
(f) All restrictions imposed by Rule 3.5 also apply to
communications with or investigations of the families of members of the
venire or jury.
(g) A lawyer shall reveal promptly to the court the
lawyer's knowledge of improper conduct by a member of the venire or jury or
by another toward such a person or a member of such person's family.
(h) A lawyer shall not give or lend anything of value
to a judge, official, or employee of a tribunal, except those gifts or loans
which a judge or a member of the judge's family may receive under Rule
65(C)(4) of the Code of Judicial Conduct, and except that a lawyer may: make
a gift, bequest, loan or campaign contribution to a judge that the judge is
permitted to accept under the Code of Judicial Conduct, provided that no
campaign contribution to a judge or candidate for judicial office may be
made other than by means of a check, draft, or other instrument payable to
or to the order of an entity which the lawyer reasonably believes to be a
political committee supporting such judge or candidate, provided further,
however, that the provision of volunteer services by a lawyer to a political
committee shall not be deemed to violate this Rule.
(i) In an adversary proceeding, a lawyer shall not
communicate, or cause another to communicate, as to the merits of the cause
with a judge or an official before whom the proceeding is pending, except:
(1) in the course of official proceedings in the cause;
(2) in writing if the lawyer promptly delivers a copy
of the writing to opposing counsel or to the adverse party if such party is
not represented by a lawyer;
(3) orally upon adequate notice to opposing counsel or
to the adverse party if such party is not represented by a lawyer; or
(4) as otherwise authorized by law.
Adopted February 8, 1990, effective
August 1, 1990.