Advisory Opinions
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Updated through Oct. 9, 2009
Acting judge (Judge Pro Tempore)
Books
(See also JUDGES, Educational activities)
Business
and Financial activities
(See also JUDGES, Educational
activities; JUDGES, Continuing
Legal Education)
Disqualification-financial interest
Disqualification--bias or prejudice
Disqualification--bias toward lawyer in a proceeding
Disqualification--judge had previous involvement as lawyer
Disqualification--partners appearing before judge or magistrate
Disqualification—relative or relative’s firm appearing before judge
Disqualification—judge’s relative is party or witness in proceeding
Disqualification--quasi-judicial activities
Disqualification--extra-judicial activities
Drug Abuse Resistance Education (DARE)
Endorsements
(See also JUDGES, Recommendations)
Financial Disclosure - (See FINANCIAL DISCLOSURE STATEMENTS)
Former judge - (See JUDGES, Practice of law--former judge)
Fundraising for candidacy for appointment to fill vacancy in an elected office
Fundraising for educational/religious/charitable/fraternal/civic
Gifts
(See also JUDGES, Donations)
Political
Activities
(See also JUDGES, Campaign
activities, JUDGES, Speech)
Practice of law--court commissioner
Practice of law--full-time judge
Practice of law--part-time judge, referee, or magistrate
Pro tempore judge - (See JUDGES, Acting judge)
Recommendations
(See also JUDGES, Endorsements)
Speech
(See also JUDGES, Educational Activities)
Telephone/ Telethon/Television
Visiting Judge - (See JUDGES, Assigned judge)
JUDICIAL
EMPLOYEES
(see also JUDGES, Judicial Law Clerks)
Op.
89-33 
candidates for judicial office commenting on abortion
Acting judge (Judge Pro Tempore)
Op. 87-49
acting judge's compliance with Code of Judicial Conduct; may not serve as lawyer
in a proceeding in which he or she served as judge or in any other related proceeding
Op.
88-5 acting judge appointed by municipal court hearing cases in which lawyer
for one of the parties is related to appointing judge; compliance with Code of
Judicial Conduct
Op. 90-08 judge pro
tempore acting as leader or holding office in political organization
Op.
91-23 cites other state opinion regarding a part-time judge appointing attorney
in judge's firm as a judge pro tempore
Op.
98-8 full-time judge, part-time judge, full-time magistrate, part-time magistrate,
or judge pro tempore serving as a member of a state or county executive committee
or a political party or as a member of a county board of elections
Op.
2004-010 part-time municipal court judge appointing son or daughter as acting judge to serve during the judge's vacation
Op.
87-42 judge allowing picture on wall of store in exchange for free neckties
Op.
94-4 judge allowing picture on DARE program card
Op. 98-2 attorney
stating in an affidavit of disqualification of a judge that the attorney has filed
a disciplinary grievance against the judge when the grievance has not been certified
as a formal complaint
Op. 87-14 part-time
referee practice of law before the appointing judge
Op.
87-36 part-time referee practice of law before the appointing judge
Op.
88-5 acting judge hearing case where one of lawyer is related to the appointing
municipal judge; visiting judge hearing case
Op.
88-6 retired judge registered as a private judge being appointed to visiting
judgeship
Op. 89-1 judge appointing
spouse of current court employee; retention of long-term employee of court now
married to judge
Op. 91-23 part-time
judge appointing law firm member to position of referee
Op. 92-9 appointing local attorney as campaign committee chairperson, campaign committee members or chairperson appearing before judge
Op.
93-2 judge appointing attorney as fiduciary of an estate or as attorney for
the mentally incompetent, or as counsel for an indigent juvenile, when attorney
is employed by judge's son as an associate in a law practice
Op.
93-4 judge appointing relatives to represent indigent parties
Op.
94-1 municipal court judge appointing a deputy bailiff who owns a private
tenant eviction business
Op. 2003-7 judge appointing attorney to serve as special prosecutor in the same county (and even in the same court) in which the attorney represents criminal defendants
Op. 04-10 part-time municipal court judge appointing son or daughter as acting judge to serve during the judge’s vacation
Op. 98-6 judge becoming
candidate for appointment by a county central committee to fill the office of
prosecuting attorney when a vacancy occurs in that office
Op.
2002-9 judge appointed member of Ohio Children's Trust Fund Board; judge appointed
member of a County Family and Children First Council
Op. 2003-9 judge serving on judicial corrections boards for community-based correctional facilities and programs
Op. 2005-8 retired judge who engages in the practice of law also serving as a private judge; retired judge who serves as assigned judge also serving as private judge
Op.
89-22 judge serving as trustee of a claimant’s fund and acting as an
arbitrator
Op.
87-9 retired judge engaged in visiting judge assignments serving as a member
of county courthouse restoration committee
Op.
88-5 visiting judge appointed by Chief Justice hearing case where lawyer is
related to elected judge
Op. 88-6
retired judge registered for referrals as private judge pursuant to R.C. §2701.10
also being eligible for appointment by Chief Justice for a visiting judgeship
pursuant to Ohio Const. Art. IV §6(C)
Op.
88-34 retired judge not eligible for recall to judicial service endorsing
or participating in the campaign of a judicial candidate or a non-judicial candidate
Op. 2005-8 retired judge who engages in the practice of law also serving as a private judge; retired judge who serves as assigned judge also serving as private judge
Op. 89-34 judge's
recusal when attorney who represents judge in a pending law suit represents clients
in judge's court; rule of necessity
Op. 90-05 judge suggesting
to local bar association programs or interests the bar may wish to pursue
Op.
91-29 judge endorsing candidate for elective office bar ass'n
Books
(See also JUDGES, Educational activities)
Op.
87-8 judge writing foreword to a book on the bicentennial of the U.S. Constitution
Op.
95-4 court, justice, or judge accepting complimentary books from publisher
that does business with court
Business
and Financial activities
(See also JUDGES, Educational
activities; JUDGES, Continuing
Legal Education)
Op.
88-7 judge as paid consultant for persons seeking elective office elective
office
Op. 89-17 judge holding shares
in former legal professional association
Op.
91-8 lawyer in proceeding rents office space in real estate co-owned by judge
and judge’s spouse
Op. 91-10
judge in partnership for profit to provide continuing legal education; judge preparing
and presenting legal and non-legal educational materials for compensation
Op.
91-14 judge’s ownership of stock in a party to a proceeding
Op.
91-27 judge’s active involvement in advising, planning, and organizing
a proposed joint venture
Op. 94-12
judge’s compensation for teaching law topics at colleges
Op.
95-9 judge’s compensation for motivational speeches and teaching continuing
legal education classes
Op. 95-10
judge co-owning farm with spouse, raising beef cattle, and selling hay, grain,
and seed; certified public accountant/judge gratuitously preparing tax returns
for self, family and others
Op. 98-12
extrajudicial business activities by full-time judges and full-time magistrates;
family business exception; delivering newspapers or driving a package delivery
truck
Op. 03-6 judge as referee of soccer games
Op. 04-3 magistrate serving on or seeking election or re-election to a local, city, or state board of education; magistrate serving on or seeking election or re-election to a board of county commissioners; magistrate serving as trustee of a condominium association
Op. 06-1 judge or magistrate maintaining or using active license as real estate salesperson
Op.
87-2 use of term "re-elect"
Op.
87-6 candidates' public debate
Op.
87-23 opponent's law firm appearing before judge
Op.
87-30 making promises/pledges
Op.
87-37 fund raising 120 day rule"
Op.
88-17 contributions to other candidates and parties
Op.
89-15 use of title "judge"; identifying incumbent by title; use
of "for judge"; shared advertising
Op.
89-33 commenting on abortion
Op. 90-8
judge pro tempore as leader/officer political org
Op.
90-24 contributions to candidates and parties
Op.
92-9 appointing local attorney as campaign committee chairperson, campaign
committee members or chairperson appearing before judge
Op.
92-11 signing nominating petitions or declaration of candidacy petitions;
attending political dinners, sitting at speaker's table, introductions
Op.
92-16 use of title "referee," "senior referee," "judge"
in campaign advertisement
Op. 93-9
participation in parades
Op. 96-7
judge or judicial candidate using judicial campaign funds to purchase a ticket
to another candidate’s fund raiser
Op.
96-8 use of title "magistrate" in campaign advertisement; identifying
division of court on which the magistrate serves; magistrate wearing judicial
robe in campaign advertisement
Op. 97-6
incumbent judge forming campaign committee prior to the time period for soliciting
and receiving funds; campaign committee expending funds outside the time period;
campaign committee sending letters outside the time period asking attorneys to
serve on the committee
Op. 98-6 judge
becoming a candidate for appointment by a county central committee to fill the
office of prosecuting attorney when a vacancy occurs in that office
Op.
98-7 individual establishing a judicial campaign committee and terminating
a nonjudicial campaign committee by disbursement of remaining nonjudicial funds
through contributions to a political party or to other candidates as permitted
under state law
Op. 98-8 full-time
judge, part-time judge, full-time magistrate, part-time magistrate, or judge pro
tempore serving as a member of a state or county executive committee of a political
party or as a member of a county board of elections
Op.
98-11 judicial candidate seeking election to court of common pleas permitting
his or her campaign committee to accept contributions from the clerk of court
or the employees of the clerk of court of the common pleas court to which the
candidate is seeking election
Op. 2001-1
judge's spouse is a candidate for elected public or judicial office; judge appearing
in family picture and being listed by name with or without the title "judge" in
the spouse's campaign literature; judge allowing campaign signs promoting the
spouse's candidacy to be place on real estate jointly owned by the judge and spouse
Op.
2002-3 judge communicating to the public regarding a proposed state constitutional
amendment regarding drug treatment in lieu of incarceration
Op.
2002-8 judicial campaign speech
Op.
2002-13 magistrates engaging in campaign activities, such as going door to door to talk with people, going door to door to distribute campaign literature, placing yard signs, or participating in a telephone bank, on behalf of the appointing judge who is seeking re-election; public endorsement; use of personal funds to make contribution to a candidate for judicial or public office.
Op. 2003-8 magistrate who is a judicial candidate appearing in a judicial robe in photographs used in campaign advertising; magistrate using title “magistrate” when listed as a contributor in a dinner program of a political party; using personal or campaign funds to attend social or fund-raising political events, to support or oppose candidates for public office, to contribute to a political party or attend events sponsored by a political party; use of campaign funds at judicial fundraising event that categorizes or identifies participants by the amount of contribution
2004-4 magistrate running for election as judge using the term or title “magistrate” in judicial campaign materials and identifying the court and division on which he or she serves.
2009-8 judicial candidate using phrase “Endorsed by (or a nominee of) the Democratic Party” or “Democratic Party Endorsed (or nominee)” or Endorsed by (or a nominee of) the Republican Party” or “Republican Party Endorsed (or nominee)”
Op. 95-10 judge
continuing to prepare tax returns for self, family and others after taking the
bench
Op. 2009-7 newly appointed domestic relations magistrate continuing to serve out a term as an elected member of city council
Op.
87-41 referee’s participation in continuing legal education
Op.
91-10 partnership for profit to provide cont. legal ed., preparing and presenting
legal and non-legal educational materials for compensation
Op.
95-8 accepting offer to attend trial lawyers association meeting without paying
registration fee
Op. 95-9 compensation
for teaching continuing legal education classes or courses; compensation for presenting
motivational speeches
Op.
87-29 county court judge appear as lawyer in county court
Op.
89-20 county court judge married to common pleas judge in same county
Op.
91-2 county court judge representing defendant on a traffic violation pending
in municipal court in other county
Op.
94-2 county court judge, partners, and associates, practicing law in county
court where judge sits by assignment
Op.
2005-4 county court judge, law partners, and associates appearing in county court before another county court judge
Disqualification-financial interest
Op. 89-17 full-time judges
holding shares in their former legal professional association
Op.
91-8 lawyer in proceeding rents office space in real estate co-owned by the
judge and the judge's spouse.
Op. 91-14
judge's ownership of stock in a party to a proceeding
Op.
95-3 newly elected judge hearing cases advocated by former partner when judge
is receiving income from former partnership
Disqualification--bias or prejudice
Op. 87-23 campaign
opponent of a judge representing party in a proceeding before the judge
Op.
89-19 witness is a police officer and is judge's spouse
Op.
91-13 witness is health care professional who has counseled or treated judge
and/or judge's wife
Disqualification--bias toward lawyer in a proceeding
Op.
89-32 judge's filing of disciplinary complaint against lawyer
Op.
89-34 lawyer represents judge in pending lawsuit; prosecutor or assistant
attorney general represents judge in pending lawsuit; lawyer's associates appearing
before; less populated jurisdictions
Op.
92-9 lawyer on judge's campaign committee appearing before judge; firm member
of lawyer appearing before
Op. 98-2
attorney stating in an affidavit of disqualification of a judge that the attorney
has filed a disciplinary grievance against the judge when the grievance has not
been certified as a formal complaint
Disqualification--judge had previous involvement as lawyer
Op.
87-38 referee hearing case she or he previously filed as prosecutor; referee
hearing case based upon new facts or circumstances involving a client for whom
he or she appeared as a prosecuting attorney; referee hearing any case brought
by the prosecutor's office where he or she previously worked
Op.
91-2 part-time judge who has represented criminal defendant taking any future
judicial action against that individual
Disqualification--partners appearing before judge or magistrate
Op.
87-22 part-time judge's partner/son/law director appearing before part-time
judge
Op. 87-29 county court judge's
partner or associate appearing before county court judge
Op.
87-36 part-time referee's firm members appearing before part-time referee;
appearing before other judges or referees in same division
Op.
91-20 attorney who co-counsels with part-time referee in private practice
appearing before part-time referee
Op. 94-2 county court judge, partners, and associates, practicing law in county court where judge sits by assignment
Op.
95-3 newly elected judge hearing cases advocated by former partner when judge
is receiving income from former partnership
Op.
98-3 partners and associates of part-time magistrate practicing law in the
court on which the part-time magistrate serves
Op. 2005-4 county court judge, law partners, and associates appearing in county court before another county court judge
Disqualification—relative or relative’s firm appearing before judge
Op.
87-22 son/daughter/partner appearing before part-time judge
Op.
87-24 spouse who is prosecuting attorney appearing before spouse who is judge;
appearing before other judges in county
Op.
87-38 husband of appointed full-time referee appearing before the appointing
judge; husband's firm members appearing before either the appointed referee or
the appointing judge
Op. 88-5 son
of appointing judge appearing before the appointed acting judge; appearance before
a visiting judge
Op. 89-10 brother-in-law
appearing as criminal defense lawyer before judge
Op.
90-17 spouse of probate judge appearing before probate judge in uncontested
matters in probate court
Op. 91-8
attorney employed by, associated with or a partner of judge's spouse appearing
before judge
Disqualification—judge’s relative is party or witness in proceeding
Op.
87-24 recusal includes instances where judge's spouse is a party to a proceeding
Op.
89-19 material witness is a police officer and is judge's spouse
Disqualification--quasi-judicial activities
Op. 89-22 judge serving
as trustee of a claimant's fund set up by out-of-state bankruptcy court
Disqualification--extra-judicial activities
Op. 87-3 probate-juvenile
judge serving as board member of county mental health foundation
Op.
87-32 part-time referee serving as member or officer of local Bd of Educ
Op.
89-29 probate-juvenile judge serving as board member of county mental health
foundation
Op.
87-24 when spouse who is prosecuting attorney appears before judge; appearance
by other prosecutors
Op. 89-10 when
brother-in-law who is criminal defense lawyer appears before judge
Op.
89-34 when lawyer who represents judge in a pending lawsuit appears before
the judge; rule of necessity discussed
Op.
91-8 when lawyer in a proceeding is affiliated with a law firm with which
a lawyer-relative of the judge is affiliated
Op.
91-13 remittal applicable to disqualification due to economic interest or
family relationship but not applicable to disqualification due to personal bias
or prejudice to witness
Op. 91-14
when judge owns stock in a party to a proceeding
Op. 96-5 judge
endorsing model protocol for responding to domestic violence
Donations
(See also JUDGES, Gifts)
Op. 2004-5 municipal court judge accepting a donation of ten carbines to a court’s probation department for use in court security
Op. 2004-6 municipal court judge establishing and chairing an arts committee to commission an artist and decide upon artwork for the court’s historic building
Op. 2004-13 municipal court judge preparing and signing a letter requesting local businesses to donate small items for use as program rewards and incentives for defendants in mental court; judge directing court employees to solicit such donations
Drug Abuse Resistance Education (DARE)
Op.
94-4 judge's picture on DARE program trading card
Op. 89-32 judge reporting
lawyer misconduct
Op.
86-2 instructing class at university, reimbursement
Op.
87-8 writing foreword book on constitution
Op.
89-3 member of board of trustees of a college
Op.
89-21 writing articles for publication, compensation
Op.
89-28 teaching courses on law, legal system, and the administration of justice
Op.
90-5 suggesting to bar association programs or interests to pursue
Op.
91-10 partnership for profit to provide cont. legal education; preparing and
presenting legal and non-legal educational materials for compensation
Op.
92-14 soliciting or accepting support for educational meeting
Op.
94-12 compensation for teaching at state or private colleges or universities
on law, legal system, and the administration of justice
Op.
95-8 judge attending trial lawyers association meeting without paying registration
fee
Op. 95-9 compensation for teaching
continuing legal education classes; compensation for motivational speeches
Op.
99-1 trustee on board of county community college
Op. 2006-3 probate judge teaching a course on adult protective services at a training program for employees of county departments of job and family services and receiving compensation
Op. 2006-7 municipal court judge serving on the board of trustees of a non-profit corporation that provides mental health and counseling services that defendants use to fulfill conditions of probation and that contracts with the court to provide services for the court's mental health program docket
Endorsements
(See also JUDGES, Recommendations)
Op.
91-29 judge’s name on list of supporters of candidate for elective office
in bar associations
Op. 92-11 judge
signing nominating petitions or declaration of candidacy petitions; attending
political dinners
Op. 96-5 judge endorsing
model protocol for responding to domestic violence
Op. 2009-8 judicial candidate using phrase “Endorsed by (or a nominee of) the Democratic Party” or “Democratic Party Endorsed (or nominee)” or Endorsed by (or a nominee of) the Republican Party” or “Republican Party Endorsed (or nominee)”
Op.
91-21 executor of close friend's estate
Op.92-5
judge serving as executor and preparing and filing probate documents
Op.
95-10 co-owning farm with spouse and continuing to raise beef cattle and selling
hay, grain, and seed after taking the bench as a full-time judge
Op.
91-23 part-time judge appointing attorney in his/her law firm as referee
Op.
93-2 judge appointing attorney who is employed by judge's son as associate
in a law practice
Op.
91-21 executor of close friend's estate
Op.
92-5 executor/administrator preparing and filing probate documents
Financial Disclosure - (See FINANCIAL DISCLOSURE STATEMENTS)
Op. 87-48 judge’s name
included in firm name
Former judge - (SeeJUDGES, Practice of law--former judge)
Op. 87-37 for judicial
campaign; 120 day rule
Op. 89-15 outside
group raising funds for judicial campaign
Op.
90-24 donations to political parties and candidates
Op.
96-7 using judicial campaign funds to purchase a ticket to another candidate’s
fund raiser
Fundraising for candidacy for appointment to fill vacancy in an elected office
Op.
98-6 judge becoming a candidate for appointment by a county central committee
to fill the office of prosecuting attorney when a vacancy occurs in that office
Fundraising for educational/religious/charitable/fraternal/civic
Op.
87-3 not-for-profit mental health foundation
Op.
87-9 county courthouse restoration committee; use of judge's name
Op.
87-50 retirement plan board of Catholic Diocese
Op.
89-3 member of college board of trustees
Op.
90-16 trustee of public non-profit foundation that administers a trust named
for a deceased judge that provides law school scholarships for minority students;
use of judge's name
Op. 95-13 fund-raising
telethon to general public
Gifts
(See also JUDGES, Donations)
Op.
95-4 accepting complimentary books from publisher that does business with
the court
Op. 95-8 accepting offer
to attend trial lawyers association meeting without paying registration fee
Op.
98-10 accepting honorary membership to a country club; accepting a round of
golf or a ticket to a sports event from an attorney
Op.
94-12 compensation for teaching at colleges on the law, legal system, or administration
of justice
Op. 95-9 compensation for
teaching continuing legal education; compensation for motivational speaking
Op. 2006-3 probate judge teaching a course on adult protective services at a training program for employees of county departments of job and family services and receiving compensation
Op. 89-26 judicial clerk
registered as "inactive" attorney
Op.
95-5 judge giving recommendation on behalf of judicial law clerk
Op.
97-4 judicial law clerk concurrently engaging in the part-time private practice
of law
Op.
97-8 retired judge eligible for recall to judicial service serving as a legislative
agent for several judges associations
Op.
87-48 judge's name on former firm's letterhead, professional notices or included
in firm's name
Op. 93-8 former judge
in private practice using statements as to prior judicial positions held or titles
"Judge," "Honorable," or "Former Judge"
Op. 87-3 board of incorporated
not-for-profit mental health foundation board; fundraising
Op.
87-9 member of county court house restoration committee; fundraising
Op.
87-13 local government committee (county hazardous materials task force)
Op.
87-32 local board of education (referee)
Op.
87-50 board of trustees retirement fund Catholic Diocese; fundraising
Op.
89-03 board of trustees of a college; fundraising
Op.
89-22 asbestos trustee
Op. 89-29
community mental health board
Op. 90-16
trustee of charitable, non-profit foundation; use of judge's name in fundraising
Op.
91-11 member or officer of board of directors of nonprofit corporation providing
services to court by contract
Op. 98-8
full-time judge, part-time judge, full-time magistrate, part-time magistrate,
or judge pro tempore serving as a member of a state or county executive committee
or a political party or as a member of a county board of elections
Op.
99-1 trustee on board of a county community college
Op.
2002-9 judge appointed member of Ohio Children's Trust Fund Board; judge appointed
member of a County Family and Children First Council
Op.
2003-4 whether president/CEO and employees of nonprofit organization that
operates a cummunity-based correctional facility and program on which judge serves
as a member of judicial corrections board are judicial officers or employees for
purposes of Ohio Ethics Law
Op. 2003-9 judge serving on judicial corrections boards for community-based correctional facilities and programs
Op. 2004-3 magistrate serving on or seeking election or re-election to a local, city, or state board of education; magistrate serving on or seeking election or re-election to a board of county commissioners; magistrate serving as trustee of a condominium association
Op. 2006-7 municipal court judge serving on the board of trustees of a non-profit corporation that provides mental health and counseling services that defendants use to fulfill conditions of probation and that contracts with the court to provide services for the court's mental health program docket
Op. 2009-7 newly appointed domestic relations magistrate continuing to serve out a term as an elected member of city council
Op.
89-1 retention of employee married to judge; judge appointing spouse of court
employee
Op. 93-4 judge appointing
attorney to represent indigent parties when the attorney is related to the judge
Op. 04-10 part-time municipal court judge appointing son or daughter as acting judge to serve during the judge’s vacation
Op.
93-9 participating in parades
Political
Activities
(See also JUDGES, Campaign
activities, JUDGES, Speech)
Op.
88-7 serving as paid consultant for candidates for elective office
Op.
90-8 judge pro tempore as member of political party executive committee or
as board member of a political party club
Op.
92-11 signing nominating petitions or declaration of candidacy petitions;
attending political dinners, sitting at head table, introductions
Op.
93-9 participating in parades
Op.
98-8 full-time judge, part-time judge, full-time magistrate, part-time magistrate,
or judge protempore serving as a member of a state or county executive committee
or a political party or as a member of a county board of elections
Op. 88-17 contributions
by judges, judicial candidates and campaign committees
Op.
90-24 contributions by judges, referees
Op.
96-7 judge or judicial candidate using judicial campaign funds to purchase
a ticket to another candidate’s fund raiser
Op. 2003-8 magistrate who is a judicial candidate appearing in a judicial robe in photographs used in campaign advertising; magistrate using title “magistrate” when listed as a contributor in a dinner program of a political party; using funds to attend social or fund-raising political events
Op. 87-49
acting judge serving as a lawyer in a proceeding in which he served as judge or
in any related proceeding
Practice of law--court commissioner
Op. 88-10
commissioner of court of claims serving as special assistant attorney general
Op. 93-8 former
judge in private practice using statements as to prior judicial positions held
or titles "Judge," "Honorable," or "Former Judge"
Op. 05-5 former magistrate, now privately practicing law, representing a person in post-decree matters when he or she served as magistrate in the person’s original divorce or dissolution action
Practice of law--full-time judge
Op. 88-36
full-time judge/referee preparing wills relatives
Op.
91-25 full-time judge prosecuting patent applications
Op.
92-5 judge/executor preparing and filing probate documents
Op.
95-10 full-time judge preparing tax returns for others
Practice of law--part-time judge, referee, or magistrate
Op.
87-14 part-time domestics referee practicing law
Op.
87-22 part-time municipal judge practicing law; practice by partners and members
of part-time judge's law firm
Op. 87-29
part-time county court judge's practice of law; practice by partners, shareholders,
associates, employees, subcontractors of part-time county court judge's law firm
Op.
87-36 part-time juvenile referee practicing law; practice by members of part-time
referee's firm
Op. 91-2 part-time county court judge
representing a defendant on a traffic violation pending in municipal court in
another county; accepting private employment in a matter upon the merits of
which the judge has acted in a judicial capacity; discussion of compliance section;
discusses compliance section language "court subject to the appellate jurisdiction
of the court"
Op. 94-2 county
court judge, partners, and associates, practicing law in the court where the judge
sits by assignment
Op. 98-3 part-time
municipal court magistrate or common pleas court magistrate practicing law in
the court on which he or she serves or on which the appointing judge serves; law
partners and associates of part-time magistrate practicing law in the court on
which the part-time magistrate serves
Op. 2005-4 county court judge, law partners, and associates appearing in county court before another county court judge
Op. 88-6 retired judge registered for referrals as private judge pursuant to R.C.§2701.10 being eligible for appointment by Chief Justice for a visiting judgeship pursuant to Ohio Const. Art. IV §6(C)
Op. 2005-8 retired judge who engages in the practice of law also serving as a private judge; retired judge who serves as assigned judge also serving as private judge
Pro tempore judge - (See JUDGES, Acting judge)
Op. 06-1 judge or magistrate maintaining or using active license as real estate salesperson
Recommendations
(See also JUDGES, Endorsements)
Op.
95-5 recommendations on behalf of law school applicants; judicial law clerks;
and individuals seeking appointment to a federal judgeship
Op.
98-4 recommendations for applicants seeking certification as attorney specialists
Op. 2003-6 judge as referee of soccer games
Op.
87-22 son/partner who is city law director appearing before father/judge
Op.
87-24 spouse who is prosecuting attorney appearing before judge; other attorneys
in prosecutor's office appearing before judge
Op.
87-38 spouse of referee and spouses law firm members appearing before judge
and referee who was former assistant prosecutor
Op.
88-5 son appearing before acting judge
Op.
88-36 judge preparing wills for relatives
Op.
89-1 court's retention of employee who is judge's spouse
Op.
89-10 brother-in-law appearing before judge
Op.
89-19 spouse is police officer & material witness
Op.
89-20 spouses are county court judge and common pleas judge in same county
Op.
90-17 relative of judge appearing before probate judge in uncontested estate
proceedings
Op. 91-8 appearance before
judge by attorney employed by, associated with, or in partnership with judge's
spouse
Op. 2001-1 judge's spouse is
a candidate for elected public or judicial office; judge appearing in family picture
and being listed by name with or without the title "judge" in the spouse's campaign
literature; judge allowing campaign signs promoting the spouse's candidacy to
be place on real estate jointly owned by the judge and spouse
Op. 2004-10 part-time municipal court judge appointing son or daughter as acting judge to serve during the judge’s vacation
Op. 87-9 retired judge
eligible for recall to judicial service serving as a member of a county courthouse
restoration committee
Op. 88-5 visiting
judge appointed by Chief Justice hearing a case where the lawyer is related to
the elected judge of the court where the visiting judge is sitting
Op.
88-6 retired judge registered for referrals as private judge pursuant to R.C.§2701.10
being eligible for appointment by Chief Justice for a visiting judgeship pursuant
to Ohio Const. Art. IV §6(C)
Op. 88-34
retired judge not eligible for recall to judicial service endorsing or participating
in the campaign of judicial or non-judicial candidates
Op.
93-8 former judge in private practice using statements as to prior positions
held or titles such as "Judge," "Honorable," or "Former
Judge"
Op. 97-8 retired judge
eligible for recall to judicial service serving as a legislative agent for several
judges associations
Op. 2005-8 retired judge who engages in the practice of law also serving as a private judge; retired judge who serves as assigned judge also serving as private judge
Speech
(See also JUDGES, Educational Activities)
Op. 87-6 candidates
public debate
Op. 87-30 candidate
promising to treat criminal offenses in a certain way if elected; announcing sentencing
policy for criminal cases
Op. 87-40
speaking out against organization member of
Op.
87-44 opinions on local tax and merit selection plan
Op.
89-33 candidates on disputed legal or political issues
Op.
87-13 appointment to government committee
Op.
91-29 judge’s name on list of supporters for candidate for bar association
office
Op. 92-11 introducing a partisan
candidate; signing nominating petitions
Op.
2002-3 judge communicating to the public regarding a proposed state constitutional
amendment regarding drug treatment in lieu of incarceration
Op.
2002-8 judicial campaign speech
Op. 2003-6 judge as referee of soccer games
Telephone/ Telethon/Television
Op. 89-15
judicial candidates sharing television advertising time
Op.
95-13 judge participating in a fund-raising telethon to the general public
Op. 87-48 judge's
name used on former firm’s letterhead, professional notices, or firm name
Op.
89-17 judge holding shares in legal professional association
Op.
95-3 newly elected judge hearing cases advocated by former partner; winding
up law practice
Op. 95-10 co-owning
farm with spouse and continuing to raise beef cattle and sell hay, grain, and
seed after taking the bench as a full-time judge; judge who is certified public
accountant continuing to prepare tax returns for self and family after taking
the bench as a full-time judge
Op. 2007-2 judge receiving accounts receivable from former law firm for legal services provided by the judge prior to assuming judicial office; judge receiving retirement benefits from former law firm pursuant to law firm agreement; reporting on financial disclosure statement
Op. 2009-2 juvenile court judge (or court staff) accepting travel expenses (payment or reimbursement of travel, meals, and lodging from the owners of a private placement facility that receives or seeks to receive placements of juveniles by the court; juvenile court judge (or court staff) attending a conference and accepting a gratuitous non-conference meal paid for by a private placement facility that receives or seeks to receive placements of juveniles by the court; reporting on annual financial disclosure statement
Op. 95-8 offer
to judges to attend association meeting without paying registration fee
Visiting Judge - (See JUDGES, Assigned judge)
Op.
88-36 judge preparing wills for relatives
Op.
91-21 judge as executor and devisee
Op.
92-5 judge serving as executor, preparing and filing probate papers
JUDICIAL
EMPLOYEES
(see also JUDGES, Judicial Law Clerks)
Op. 91-28 clerk and
deputy clerk of the Court of Claims filing of financial disclosure statements
Op.
94-1 deputy bailiff of a municipal court privately owning tenant eviction
business
Op. 92-18 attorney who is
court administrator accepting offer to author a handbook and to receive royalties
from a legal publisher that does business with the court
Op.
2001-5 court-employed attorney/mediator conducting private fee-paid mediations
Op.
2002-10 probation officer employed in a municipal court department of probation
soliciting or accepting employment by a for-profit company that operates a drivers'
intervention program for defendants found guilty of operating a motor vehicle
while under the influence of alcohol and sentenced by the court to attend a drivers'
intervention program as a condition of probation
Op.
2003-4 whether president/CEO and employees of nonprofit organization that
operates a cummunity-based correctional facility and program on which judge serves
as a member of judicial corrections board are judicial officers or employees for
purposes of Ohio Ethics Law
Op. 2004-013 municipal court judge preparing and signing a letter requesting local businesses to donate small items for use as program rewards and incentives for defendants in mental court; judge directing court employees to solicit such donations
Op. 05-002 association of judicial employees charging vendors a fee to set up a booth at the association's educational conference or permitting vendors to sponsor a meal, reception, open house, or other similar activity at the conference
Op. 09-002 juvenile court judge (or court staff) accepting travel expenses (payment or reimbursement of travel, meals, and lodging from the owners of a private placement facility that receives or seeks to receive placements of juveniles by the court; juvenile court judge (or court staff) attending a conference and accepting a gratuitous non-conference meal paid for by a private placement facility that receives or seeks to receive placements of juveniles by the court; reporting on annual financial disclosure statement
Op. 09-004 domestic relations lawyer-mediator preparing necessary legal documents for filing by or on behalf of one or both parties in a domestic relations proceeding; application of ethical rules and Ohio Ethics Law to subsequent representation by court employee lawyer-mediator