While the Opinions express the ISBA interpretation of the Illinois Rules of Professional Conduct and other relevant materials in response to a specific hypothesized fact situation, they do not have the weight of law and should not be relied upon as a substitute for individual legal advice. An attorney may work with the Election Board on an appellate matter, notwithstanding that the attorney is suing the Board on an unrelated matter or is appealing an unsatisfactory decision of the Board in an unrelated matter. The electoral boards are composed of public officials sitting ex-officio. In Chicago, the Board of Election Commissioners hires attorneys on an hourly basis to serve as hearing officers. There is a large volume of these cases heard in a very short period of time.
Special expertise is required to practice in the field of election law.
Attorneys practicing in the area are frequently faced with situations which raise questions as to professional ethics, such as those described below. As to question 1, it appears that hearing officers are hired by the Election Board on a case by case basis, and thus the action by an attorney as a hearing officer might influence his ability to secure further employment as a hearing officer. Thus, attorneys serving as hearing officers should not represent clients before the Election Board without written consent of his client after full disclosure of his periodic employment as a hearing officer before that Board. ISBA Opinion No. A private attorney who serves as a hearing officer for a state board should not accept employment from a defendant-respondent in unrelated actions instituted before the board during the time he is acting as hearing officer and for a period of one year thereafter.