Oct. 22, 2009
Grievances & Discipline Board Releases Advisory Opinion
A recent advisory opinion from the Supreme Court of Ohio’s Board of Commissioners on Grievances & Discipline advises judicial candidates to be specific when referencing a political party endorsement in person or in advertising.
Opinion 2009-8 addresses the following question: “Is it proper for a judicial candidate to use the phrase ‘Democratic Party Endorsed’ or ‘Republican Party Endorsed’ in judicial campaign advertisements, such as on billboards or yard signs?”
The opinion finds that: “Throughout a judicial campaign, a judicial candidate may truthfully state in person or in advertising that he or she is ‘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)’; provided that the phrase identifies which political party entity endorsed the candidate, for example, the county, state, or national Democratic or Republican Party.”
The opinion also notes that a judicial candidate’s statement that he or she is a nominee of or endorsed by a political party is treated differently under the Ohio Code of Judicial Conduct than a judicial candidate’s statement that he or she is a member of or affiliated with a political party.
Several examples of case law refer to endorsement statements found to be either false; or were truthful, but misleading or deceiving, pursuant to Judicial Conduct rules.
Advisory Opinions of the Board of Commissioners on Grievances & Discipline are informal, nonbinding opinions in response to prospective or hypothetical questions regarding the application of the Supreme Court Rules for the Government of the Bar of Ohio, the Supreme Court Rules for the Government of the Judiciary, the Ohio Rules of Professional Conduct, the Ohio Code of Judicial Conduct, and the Attorney’s Oath of Office.
Contact: Jon Marshall at 614.387.9370 or Chris Davey at 614.387.9250.