Illinois Supreme Court Adopts Discrimination And Harassment Rule

Legal Issue(s): NA

Case Description

Despite CLS testifying and writing against the proposal, the Supreme Court of Illinois amended its rules of professional conduct to add Rule 8.4(j), which makes it misconduct for an attorney to “engage in conduct in the practice of law that the lawyer knows or reasonably should know is harassment or discrimination on the basis of 15 protected classes, including sexual orientation and gender identity. The new rule mirrors ABA Model Rule 8.4(g), which, according to many legal commentators and authorities, violates the free speech and free exercise rights of attorneys. The Center is disappointed that the Supreme Court of Illinois modified its professional conduct rules in a manner that will chill the constitutional rights of Illinois attorneys.

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