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Dec. 15, 2011
Advisory Opinion Addresses Bar Association Elections Question

A judge may not recommend or endorse a candidate for a bar association elective office, according to a Supreme Court of Ohio Board of Commissioners on Grievances & Discipline advisory opinion.

By taking this action a judge violates Rule 1.3 of the Ohio Code of Judicial Conduct and “abuses the prestige of judicial office to advance the personal interests of another,” according to the opinion. The judge also would create the appearance of impropriety in violation of Rule 1.2.

Opinion 2011-3 follows a previous opinion (91-29) of the board.

“Judicial recommendations and endorsements of candidates for a bar association elective office indicate that one lawyer is preferred over other lawyers, are subject to public dissemination, and targeted to a specific community of lawyers and judges,” the conclusion states.

“Such recommendations and endorsements are an improper use of the prestige of judicial office” and “call into question a judge’s ability to act impartially in the performance of judicial duties.”

To read the complete text of the opinion, go to: http://www.supremecourt.ohio.gov/Boards/BOC/Advisory_Opinions/2011/Op_11-003.pdf.

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