HB4069 104TH GENERAL ASSEMBLY

LRB104 13961 JDS 26907 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB4069

Introduced 5/28/2025, by Rep. Ryan Spain

SYNOPSIS AS INTRODUCED:

New Act

Creates the Supreme Court Ethics Act. Directs a Supreme Court Judge to disqualify himself or herself in any proceeding in which the Supreme Court Judge's impartiality might reasonably be questioned. Specifies circumstances in which a Supreme Court Judge's impartiality might be reasonably questioned. Requires a Supreme Court Judge to keep informed about the Supreme Court Judge's personal and fiduciary economic interests and to make a reasonable effort to keep informed about the personal economic interests of the Supreme Court Judge's spouse or domestic partner and the Supreme Court Judge's children. Authorizes a Supreme Court Judge to disclose on the record the basis of the Supreme Court Judge's disqualification and to ask the parties and their lawyers to consider, outside the presence of the Supreme Court Judge and court personnel, whether to waive disqualification. Requires a Supreme Court Judge to disclose on the record information that the Supreme Court Judge believes the parties or their lawyers might reasonably consider relevant to a possible motion for disqualification, even if the Supreme Court Judge believes there is no basis for disqualification. Prohibits a Supreme Court Judge, a Supreme Court Judge's spouse, a Supreme Court Judge's domestic partner, or a Supreme Court Judge's children from accepting any gifts, loans, bequests, benefits, favors, or other things of value, except as specified in the Act. Requires a Supreme Court Judge to file annually with the Clerk of the Illinois Supreme Court a verified written statement of economic interests on an Illinois Judicial Statement of Economic Interests Form. Specifies the contents of the Illinois Judicial Statement of Economic Interests Form. Authorizes the Judicial Inquiry Board to investigate any alleged violation of the Act. Provides that, if after an investigation and upon determination by the Judicial Inquiry Board that there is a reasonable basis to publicly charge a Supreme Court Judge with a violation of the Act, the Judicial Inquiry Board may file and prosecute a complaint before the Illinois Courts Commission. Defines terms. Effective immediately.

A BILL FOR

AN ACT concerning courts.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Supreme Court Ethics Act.

Section 5. Definitions. As used in this Section:

"Benefits" means honoraria, reimbursement of expenses, and waivers of fees.

"Covered person" means the Supreme Court Judge and the Supreme Court Judge's spouse, the Supreme Court Judge's domestic partner, and the Supreme Court Judge's children.

"De minimis", in the context of interests pertaining to disqualification of a Supreme Court Judge, means an insignificant interest that could not raise a reasonable question regarding the Supreme Court Judge's impartiality.

"Domestic partner" means a person with whom another person maintains a household and an intimate relationship, other than a person's legal spouse.

"Economic interest" means ownership of more than a de minimis legal or equitable interest. Except for situations in which the Supreme Court Judge participates in the management of such a legal or equitable interest or the interest could be substantially affected by the outcome of a proceeding before a Supreme Court Judge, "economic interest" does not include (1) an interest in the individual holdings within a mutual or common investment fund; (2) an interest in securities held by an educational, religious, charitable, fraternal, or civic organization in which the Supreme Court Judge or the Supreme Court Judge's spouse, domestic partner, parent, or child serves as a director, an officer, an advisor, or other participant; (3) a deposit in a financial institution or deposits or proprietary interests the Supreme Court Judge may maintain as a member of a mutual savings association or credit union or similar proprietary interests; or (4) an interest in the issuer of government securities held by the Supreme Court Judge.

"Fiduciary" includes relationships such as executor, administrator, trustee, or guardian.

"Impartial", "impartiality", and "impartially" mean absence of bias or prejudice in favor of, or against, particular parties or classes of parties, as well as maintenance of an open mind in considering issues that may come before a Supreme Court Judge.

"Income" means dividends, interest, rent, royalties, or distributions.

"Independence" means a Supreme Court Judge's freedom from influence or controls other than those established by law.

"Integrity" means probity, fairness, honesty, uprightness, and soundness of character.

"Knowingly", "knowledge", "known", and "knows" mean actual knowledge of the fact in question. A person's knowledge may be inferred from the circumstances.

"Member of a Supreme Court Judge's family residing in the Supreme Court Judge's household" means any relative of a Supreme Court Judge by blood or marriage, or a person treated by a Supreme Court Judge as a member of the Supreme Court Judge's family, who resides in the Supreme Court Judge's household.

"Ordinary social hospitality" includes the routine amenities, favors, and courtesies which are normally exchanged between friends and acquaintances, and which would not create an appearance of impropriety to a reasonable, objective observer. The touchstone of this objective test is a careful consideration of social custom. Factors relevant to this inquiry include (1) the monetary value of the gift, loan, bequest, or other item transferred from the donor or lender to the Supreme Court Judge; (2) the relationship between the Supreme Court Judge and the donor or lender; (3) the social practices and customs associated with transfers of the type made between the Supreme Court Judge and donor or lender; and (4) the circumstances of the transaction.

"Record date" means December 31 of the year immediately preceding the date upon which the statement of economic interests must be filed under this Act.

"Retirement/investment accounts" means all assets valued in excess of $1,000 in which any covered person has an ownership interest, including those assets owned in an Individual Retirement Account (IRA), 401(k) plan, 403(b) plan, 457 plan, deferred compensation plan administered by the State of Illinois, 529 college savings plan, Illinois Uniform Transfers to Minors Act account, or similar account.

"Supreme Court Judge" means a judge of the Illinois Supreme Court.

"Third degree of relationship" includes the following persons: great-grandparent, grandparent, parent, uncle, aunt, brother, sister, child, grandchild, great-grandchild, nephew, and niece.

Section 10. Judicial disqualification.

(a) A Supreme Court Judge shall disqualify himself or herself in any proceeding in which the Supreme Court Judge's impartiality might reasonably be questioned, including, but not limited to, the following circumstances:

(1) The Supreme Court Judge has a personal bias or prejudice concerning a party or a party's lawyer or personal knowledge of facts that are in dispute in the proceeding.

(2) The Supreme Court Judge knows that the Supreme Court Judge, the Supreme Court Judge's spouse or domestic partner, a person within the third degree of relationship to either of them, or the spouse or domestic partner of such a person is:

(A) a party to the proceeding or an officer, director, general partner, managing member, or trustee of a party;

(B) acting as a lawyer in the proceeding;

(C) a person who has more than a de minimis interest that could be substantially affected by the proceeding; or

(D) likely to be a material witness in the proceeding.

(3) The Supreme Court Judge knowingly, individually, or as a fiduciary or the Supreme Court Judge's spouse, domestic partner, parent, or child, wherever residing, or any other member of the Supreme Court Judge's family residing in the Supreme Court Judge's household has an economic interest in the subject matter in controversy or is a party to the proceeding.

(4) The Supreme Court Judge, while a Supreme Court Judge or a judicial candidate, has made a public statement, other than in a court proceeding, judicial decision, or opinion that commits or appears to commit the Supreme Court Judge to reach a particular result or rule in a particular way in the proceeding or controversy.

(5) The Supreme Court Judge:

(A) served as a lawyer in the matter;

(B) represented any party to the matter while engaged in the private practice of law within a period of 7 years following the last date on which the Supreme Court Judge represented the party;

(C) within the preceding 3 years was associated in the private practice of law with any law firm or lawyer currently representing any party in the matter, provided that referral of cases when no monetary interest was retained shall not be deemed an association within the meaning of this subparagraph;

(D) served in governmental employment and in such capacity participated personally and substantially as a lawyer or public official concerning the matter or has publicly expressed in such capacity an opinion concerning the merits of the particular matter;

(E) was a material witness concerning the matter; or

(F) previously presided as a Supreme Court Judge over the matter in another court.

(6) During an election cycle, the Supreme Court Judge and any political committee acting on behalf of the Supreme Court Judge have accepted, from an individual or political committee, contributions that, in the aggregate, exceed the limitations on campaign contributions that may be made to a political party committee by a political action committee under Section 9-8.5 of the Election Code as adjusted from time to time by the State Board of Elections under subsection (g) of that Section.

When disqualifying himself or herself in a proceeding, the Supreme Court Judge shall state the reason for his or her recusal.

(b) A Supreme Court Judge shall keep informed about the Supreme Court Judge's personal and fiduciary economic interests and make a reasonable effort to keep informed about the personal economic interests of the Supreme Court Judge's spouse or domestic partner and the Supreme Court Judge's children.

(c) A Supreme Court Judge subject to disqualification under this Section, other than for bias or prejudice under paragraph (1) of subsection (a), may disclose on the record the basis of the Supreme Court Judge's disqualification and may ask the parties and their lawyers to consider, outside the presence of the Supreme Court Judge and court personnel, whether to waive disqualification. If, following the disclosure, the parties and lawyers agree, without participation by the Supreme Court Judge or court personnel, that the Supreme Court Judge should not be disqualified, the Supreme Court Judge may participate in the proceeding. The agreement shall be incorporated into the record of the proceeding.

(d) Under this Section, a Supreme Court Judge is disqualified whenever the Supreme Court Judge's impartiality might reasonably be questioned, regardless of whether any of the specific provisions of subsection (a) apply.

(e) A Supreme Court Judge's obligation not to hear or decide matters in which disqualification is required applies regardless of whether a motion to disqualify is filed.

(f) The rule of necessity may override the rule of disqualification. In matters that require immediate action, the Supreme Court Judge must disclose on the record the basis for possible disqualification.

(g) The fact that a lawyer in a proceeding is affiliated with a law firm with which a relative of the Supreme Court Judge is affiliated does not itself disqualify the Supreme Court Judge. If, however, the Supreme Court Judge's impartiality might reasonably be questioned under subsection (a) or the relative is known by the Supreme Court Judge to have an interest in the law firm that could be substantially affected by the proceeding under subparagraph (C) of paragraph (2) of subsection (a), the Supreme Court Judge's disqualification is required.

(h) A Supreme Court Judge shall disclose on the record information that the Supreme Court Judge believes the parties or their lawyers might reasonably consider relevant to a possible motion for disqualification, even if the Supreme Court Judge believes there is no basis for disqualification.

(i) A Supreme Court Judge's use of social media or social networking platforms may create the appearance of a relationship between the Supreme Court Judge and litigants or lawyers who may appear before the Supreme Court Judge. Whether a relationship would cause the Supreme Court Judge's impartiality to "reasonably be questioned" depends on the facts. While the labels used by the social media or social networking platform are not dispositive of the nature of the relationship, Supreme Court Judges shall consider the manner in which the rules on disqualification have been applied in traditional contexts and the additional ways in which social media or social networking platforms may amplify any connection to the Supreme Court Judge.

Section 15. Acceptance of gifts, loans, bequests, favors, benefits, or other things of value.

(a) A covered person shall not accept any gifts, loans, bequests, benefits, favors, or other things of value, except as follows:

(1) any items or items from any one source during a calendar year having a cumulative total value of less than $100;

(2) gifts, loans, bequests, benefits, favors, or other things of value from individuals whose relationship with the covered person would require disqualification of the Supreme Court Judge under Section 10;

(3) ordinary social hospitality;

(4) commercial or financial opportunities and benefits, including special pricing and discounts, and loans from lending institutions in their regular course of business, if the same opportunities and benefits or loans are made available on the same terms to similarly situated persons who are not covered persons;

(5) rewards and prizes given to competitors or participants in random drawings, contests, or other events that are open to persons who are not covered persons;

(6) scholarships, fellowships, and similar benefits or awards, if they are available to similarly situated persons who are not covered persons, based upon the same terms and criteria;

(7) books, magazines, journals, audiovisual materials, and other resource materials supplied by publishers on a complimentary basis for official use;

(8) gifts incident to a public testimonial;

(9) invitations to a covered person or the guest of a Supreme Court Judge to attend without charge:

(A) an event associated with a bar-related function or other activity relating to the law, the legal system, or the administration of justice; or

(B) an event associated with any of the Supreme Court Judge's educational, religious, charitable, fraternal, or civic activities permitted by the Illinois Code of Judicial Conduct of 2023, if the same invitation is offered to nonjudges who are engaged in similar ways in the activity as is the Supreme Court Judge;

(10) gifts, loans, bequests, benefits, favors, or other things of value, only if the donor is not a party or other person whose interests have come or are likely to come before the Supreme Court Judge, including lawyers who practice or have practiced before the Supreme Court Judge or the cumulative total value of the gifts, loans, bequests, benefits, favors, or other things of value is less than $100 in a calendar year; and

(11) gifts loans, bequests, benefits, favors, or other things of value the acceptance of which is allowed under subsection (c).

(b) Whenever a covered person accepts a gift or other thing of value without paying fair market value, there is a risk that the benefit might be viewed as intended to influence the Supreme Court Judge's decision in a case. This Section prohibits the acceptance of benefits except in circumstances where the risk of improper influence is low.

(c) Gift giving between friends and relatives is a common occurrence and ordinarily does not create an appearance of impropriety or cause reasonable persons to believe that the Supreme Court Judge's independence, integrity, or impartiality has been compromised. In addition, when the appearance of friends or relatives in a case would require the Supreme Court Judge's disqualification under Section 10, there would be no opportunity for a gift to influence the Supreme Court Judge's decision-making. Paragraph (2) of subsection (a) places no restrictions upon the ability of a covered person to accept gifts or other things of value from friends or relatives under these circumstances.

(d) Businesses and financial institutions frequently make available special pricing, discounts, and other benefits, either in connection with a temporary promotion or for preferred customers based upon longevity of the relationship, volume of business transacted, and other factors. A covered person may freely accept such benefits if they are available to the general public or if the covered person qualifies for the special price or discount according to the same criteria as are applied to persons who are not covered persons.

(e) This Section applies only to acceptance of gifts or other things of value by covered persons.

(f) Contributions to a Supreme Court Judge's campaign for judicial office are governed by paragraph (6) of subsection (a) of Section 10 of this Act and the Illinois Code of Judicial Conduct of 2023.

(g) Disclosure of economic interests, including gifts, is governed by Sections 20 and 25.

Section 20. Reporting requirements.

(a) A Supreme Court Judge shall file annually with the Clerk of the Illinois Supreme Court a verified written statement of economic interests on an Illinois Judicial Statement of Economic Interests Form that is substantially similar to the form prescribed in Section 25.

(b) The disclosure of economic interests under this Section is intended to (1) maintain and promote public confidence in the integrity, impartiality, fairness, and independence of the judiciary; (2) provide public information bearing on Supreme Court Judges' potential conflicts of interest; and (3) foster compliance with this Act and Illinois Supreme Court Rules. The statement of economic interests is designed to achieve an appropriate balance with respect to particular information that might reasonably bear on these objectives between the value of public disclosure of that information, on the one hand, and Supreme Court Judges' legitimate privacy interests, on the other hand.

(c) The verified written statement of economic interests required under this Section shall be filed annually by all Supreme Court Judges on or before April 30. Statements also shall be filed by every person who becomes a Supreme Court Judge, within 45 days after assuming office. However, Supreme Court Judges who assume office on or after December 1 and who file the statement before the following April 30 shall not be required to file another statement until the next year.

(d) Before the first Monday in March of each year, the Director of the Administrative Office of the Illinois Courts shall inform each Supreme Court Judge of the requirements of this Section and shall provide a copy of the Illinois Judicial Statement of Economic Interests Form described in Section 25. The Director of the Administrative Office of the Illinois Courts shall do the same for each new Supreme Court Judge within 10 days of the Supreme Court Judge assuming office.

(e) The Clerk of the Illinois Supreme Court is authorized to redact any personal information that is not required to be disclosed in the statement.

(f) The Clerk of the Illinois Supreme Court shall maintain a publicly available list of all Supreme Court Judges and the last date on which each Supreme Court Judge filed the statement.

(g) The Clerk of the Illinois Supreme Court shall send a Supreme Court Judge acknowledgment of receipt of the Supreme Court Judge's statement and the date of filing.

(h) The Clerk of the Illinois Supreme Court shall post the contents of each statement filed with him or her and make the contents of the statement available for inspection and copying on a publicly accessible website. The postings under this subsection (h) shall not include the addresses or signatures of the filers.

Section 25. Illinois Judicial Statement of Economic Interests Form. The Illinois Judicial Statement of Economic Interests Form shall be substantially as follows: 1. NAME OF FILING SUPREME COURT JUDGE:.......................

2. COURT AND DISTRICT/CIRCUIT:...............................

3. CURRENT ECONOMIC INTERESTS.

a. FINANCIAL INSTITUTIONS.

i. List each financial institution in which any covered person has assets valued in excess of $1,000, including assets held in savings accounts, checking accounts, money market accounts, certificates of deposits, or retirement/investment accounts.

ii. Do not provide account numbers. Multiple accounts at the same financial institution need not be separately listed.

Check if none ..........

b. STOCKS, BONDS, ETF, AND MUTUAL FUNDS.

i. List stocks, bonds, exchange traded funds (ETF), and mutual funds valued in excess of $1,000 owned by a covered person, including such assets held in a retirement/investment account.

ii. Do not list (1) multiple holdings of the same security (e.g., multiple U.S. Treasury Notes), (2) multiple securities issued by the same issuer, (3) different mutual funds in the same mutual fund family, (4) assets owned by a mutual fund or ETF, or (5) deposits or proprietary interests held as a member of a mutual savings association or credit union.

Check if none ..........

c. REAL ESTATE.

i. List all real estate in which any covered person has an ownership interest, including a beneficial interest in a land trust.

ii. For each personal residence of a covered person or a covered person's family member, state "personal residence" and do not provide address.

Check if none ..........

d. PENSION PLANS. List any nonjudicial pension plan in which any covered person has an interest. This does not include (1) Individual Retirement Accounts, 401(k) plans, 403(b) plans, or 457 plans or (2) any benefits from the Social Security Administration.

Check if none ..........

e. INTERESTS IN INTANGIBLE PROPERTY. List any interest valued in excess of $1,000 in intangible property, not reported above, owned by any covered person. This includes, but is not limited to, an interest in any partnership, corporation, limited liability company, trust, copyright, trademark, or chose in action.

Check if none ..........

f. EMPLOYMENT. List every paid employment of a covered person, with the exception of the filing Supreme Court Judge's judicial employment.

Check if none ..........

g. NONINVESTMENT INCOME. List the nature of all noninvestment income, other than employment income, received by a covered person from any one source that totals at least $1,000 in the 12-month period before the record date. Income includes, but is not limited to, fees, commissions, payments for personal services, and royalties. Do not include the amount.

Check if none ..........

4. INDEBTEDNESS.

a. List all creditors to whom amounts in excess of $1,000 were owed by any covered person on the record date, and identify any sureties or guarantors of any such indebtedness.

b. Do not include any debt, including credit card debt, that was paid in its entirety within 90 days of when it was incurred. For these purposes, medical or dental expenses are not considered to be incurred until the amount of the covered person's financial responsibility is determined after the application of any insurance benefits.

c. The amount of each listed indebtedness shall be reported by reference to a letter category, as follows: Category A ($1,000.01 - $5,000); Category B ($5,000.01 - $15,000); Category C ($15,000.01 - $50,000); Category D ($50,000.01 - $100,000); Category E ($100,000.01 - $250,000); and Category F (greater than $250,000). This categorization shall be reported as of the record date.

Check if none ..........

5. RELATIONSHIPS WITH LAWYERS.

a. Identify all persons, other than covered persons, known by the filing Supreme Court Judge to be licensed or registered to practice law who, at any time within the 12-month period before the record date, was a co-owner with a covered person of any economic interest, a co-obligor with or a creditor of a covered person, or the payor to a covered person of any income, payments, or benefits, required to be disclosed in paragraphs 3 or 4. State the nature of each economic interest, indebtedness, or income, payments, or benefits and whether it is ongoing or terminated as of the record date.

Check if none ..........

b. Identify all lawyers with whom the filing Supreme Court Judge was associated in the private practice of law within 3 years of the date of this filing. The name of the firm may be substituted where the association was with 5 or more lawyers.

Check if none ..........

6. BOARD SERVICE. List every office or directorship held by a covered person, regardless of whether compensation is received. Do not include any uncompensated or honorary positions in educational, religious, charitable, fraternal, civic, social, or law-related organizations unless those organizations are either conducted for profit or regularly engaged in adversary proceedings in any court.

Check if none ..........

7. LITIGATION.

a. List all court cases or arbitration proceedings known to the filing Supreme Court Judge pending on or within 12 months before the record date in which a covered person either was a party or had more than a de minimis financial interest (i.e., a monetary interest that could not raise a reasonable question as to the Supreme Court Judge's impartiality). Do not include (1) proceedings in which a covered person is a party solely in an official capacity, (2) class actions in which a covered person is not a named class representative, or (3) motor vehicle offenses that are punishable by fine only.

Check if none ..........

b. List all cases in which the filing Supreme Court Judge was a referring lawyer with an economic interest that are still pending on the record date or that were resolved within 3 years before the record date. Include the name of the lawyer or law firm to which the case was referred.

Check if none ..........

8. FIDUCIARY POSITIONS. List all fiduciary positions held by the filing Supreme Court Judge on the record date. Examples include service as a trustee, executor, estate administrator, guardian of the estate, or agent under a power of attorney for property. Do not include fiduciary positions held for the benefit of a family member of a covered person. Identify by name each person, other than a covered person, for whom the filing judge is serving as fiduciary.

Check if none ..........

9. HONORARIA, REIMBURSEMENT OF EXPENSES, AND WAIVERS OF FEES. List all benefits that (a) either individually or in the aggregate from the same provider of the benefits exceed $500 and (b) were received by a covered person, or a guest of the filing Supreme Court Judge in connection with an event at which the benefits were received, during the 12-month period prior to the record date. Do not report (a) waivers of fees to any unit of government or (b) reimbursement or payment of expenses, or provision of resources, by any unit of government. Identify the provider of each benefit, and state the type of the recipient of each benefit (i.e., filing Supreme Court Judge, filing Supreme Court Judge's guest, spouse, domestic partner, or child) rather than the specific name. The value of each benefit shall be reported by reference to a letter category, as follows: Category A ($500 - $2,500); Category B ($2,500.01 - $5,000); and Category C (greater than $5,000).

Check if none ..........

10. GIFTS. List all gifts that (a) either individually or in the aggregate from the same donor exceed $500 and (b) were received by a covered person during the 12-month period prior to the record date. Do not include gifts between covered persons or between covered persons and any of their great-grandparents, grandparents, parents, uncles, aunts, brothers, sisters, grandchildren, great-grandchildren, nephews, and nieces. Identify the provider of each gift, and state the type of the recipient of each gift (i.e., filing Supreme Court Judge, spouse, domestic partner, or child) rather than the specific name. The value of each gift shall be reported by reference to a letter category, as follows: Category A ($500 - $2,500); Category B ($2,500.01 - $5,000); and Category C (greater than $5,000).

Check if none ..........

11. ADDITIONAL DISCLOSURES. List any economic interest not previously disclosed in this statement that could create a basis for disqualification of the filing Supreme Court Judge under Section 5 or Illinois Supreme Court Rules. Identify the person whose economic interest could create a basis for disqualification, but if that person is a covered person state the type of that covered person (i.e., filing Supreme Court Judge, spouse, domestic partner, or child) rather than the specific name.

Check if none ..........

VERIFICATION As required under Section 20 of the Supreme Court Ethics Act, I declare that this Statement of Economic Interests, including any accompanying schedules and statements, has been examined by me and to the best of my knowledge and belief is true, correct, and complete.

............................................................. (Signature of Filing Supreme Court Judge) (Date)

............................................................. (Printed Name of Filing Supreme Court Judge)

............................................................. (Email Address of Filing Supreme Court Judge)

Section 30. Investigation of violation by Judicial Inquiry Board. The Judicial Inquiry Board may investigate any alleged violation of this Act. If after an investigation and upon determination by the Judicial Inquiry Board that there is a reasonable basis to publicly charge a Supreme Court Judge with a violation of this Act, the Judicial Inquiry Board may file and prosecute a complaint before the Illinois Courts Commission.

Section 99. Effective date. This Act takes effect upon becoming law.