OHBPC 1987-09-25

Under the former Ohio Code of Judicial Conduct and former R.C. 1907.16, could a county court judge appear as a lawyer in other geographic divisions of the same county court, and could the judge's law partners, shareholders, and office-mates appear in any division of that court?

Short answer: The Board concluded that under R.C. 1907.16 a county court judge was disqualified from practicing law only as to matters pending or originating in that county court during the term of office; the judge could not appear as a lawyer in any other geographic division of the same county court, and the judge's law partners, shareholders, associates, employees, subcontractors, and independent contractors likewise could not practice before any county court judge to whom they were affiliated. The opinion was modified by Op. 2005-4 on April 15, 2005.

Disclaimer: Advisory only. Not binding precedent.

About this page: The plain-English summary, reader guidance, and Q&A below were written by Ezel based on the official ethics opinion. The original opinion (linked at the bottom of this page, or PDF in the sidebar) is the authoritative source for any reliance.

View original ethics opinion (PDF)

Ohio BPC Opinion 87-029: County Court Judges and Their Firms Practicing Law in the Same County Court

Short answer: The Board concluded that, under former R.C. 1907.16, a county court judge was disqualified from practicing law as to matters pending or originating in that county court during the term of office; the judge could not appear as a lawyer in any other geographic division of the same county court even where, by R.C. 1907.15, the judge had no statutory jurisdiction over that division. Law partners, shareholders, associates, employees, subcontractors, and independent contractors of the judge could not practice before any county court judge to whom they were affiliated. The opinion did not distinguish between civil, criminal, misdemeanor, and felony proceedings for Code purposes. The opinion was modified by Opinion 2005-4 on April 15, 2005.

Disclaimer: This is an advisory ethics opinion. Advisory opinions are not binding; they interpret the Ohio Board of Professional Conduct's rules of professional conduct and are persuasive authority. This summary is for research purposes only and is not legal advice. Verify current rules before acting on any specific guidance.

About this page: The plain-English summary and Q&A below were written by Ezel based on the official opinion. The opinion text is reproduced at the bottom; the official source (linked) controls.

View original opinion

Currency note

The Board's status list flags this opinion as a Former CJC Opinion providing advice under the former Ohio Code of Judicial Conduct, which was superseded by the current Ohio Code of Judicial Conduct effective March 1, 2009. The opinion was also modified by Op. 2005-4 on April 15, 2005. Treat this page as historical context, not current guidance. Verify against current rules and statutes (including current R.C. 1907 provisions and Ohio Code of Judicial Conduct Rule 2.11) before acting.

Plain-English summary

The Board addressed six questions about a county court whose five judges had been assigned to different geographic areas of exclusive jurisdiction under R.C. 1907.15. The Board read R.C. 1907.16 as the governing statute: "[a] judge of a county court shall be disqualified from the practice of law only as to matters pending or originating in that county court during his term of office." The Board concluded that a county court judge could engage in the practice of law generally but could not practice in the county court in which the judge served, regardless of the geographic division within that county court (citing 1958 Ohio Att'y Gen. Op. 2143).

On the firm-affiliation questions, the Board applied its prior holding in Op. 87-022: law partners and associates of part-time judges were precluded from practicing in the court on which the part-time judge served. The Board read this rule to apply to legal professional associations (LPAs), partnerships, and groups of private practitioners sharing letterhead. The Board declined to opine on whether firm members could appear before other county court judges, noting (citing Op. 87-023 and ABA Informal Op. 1306 (1974)) that the question of representation was for the individual lawyer and client; recusal was for the judge under Canon 2 and Canon 3C(1).

On the civil-criminal distinction, the Board concluded that there was no distinction for purposes of complying with the Code of Judicial Conduct.

Common questions

Q: Could a county court judge appear as a lawyer in another geographic division of the same county court?

A: No. The Board read R.C. 1907.16 to disqualify the judge from practicing in the county court generally, even in divisions where the judge had no statutory jurisdiction.

Q: Were the judge's firm members and shareholders also barred from practicing before any county court judge?

A: They were barred from practicing before any county court judge to whom they were affiliated. The Board left open whether they could appear before unaffiliated county court judges, treating that as a question for the individual lawyer's recusal-of-judge analysis.

Q: Did the Board distinguish civil from criminal proceedings, or misdemeanor from felony?

A: No. The Board concluded there was no distinction for purposes of complying with the former Code of Judicial Conduct.

Citations and references

Statutes:

R.C. 1907.16: county court judge's disqualification from practice
R.C. 1907.15: geographic areas of exclusive jurisdiction

Rules of Judicial Conduct:

Former Canon 2 and Canon 3C(1), Ohio Code of Judicial Conduct (1973, 1982)

Other opinions cited:

1958 Ohio Att'y Gen. Op. 2143
Ohio BPC Op. 87-022: part-time judge's law partners
Ohio BPC Op. 87-023: lawyer's decision to appear is for the lawyer
ABA Committee on Ethics and Professional Responsibility, Informal Op. 1306 (1974)

Source

Landing page: https://ohioadvop.org/advisory-opinion-index/
Original PDF: https://www.ohioadvop.org/wp-content/uploads/2017/03/Op-87-029.pdf

Original opinion text

Reproduced from the official source for research purposes. The linked source is authoritative.

The Supreme Court of Ohio
BOARD OF COMMISSIONERS ON GRIEVANCES AND DISCIPLINE
41 SOUTH HIGH STREET-SUITE 3370, COLUMBUS, OH 43215-6105
(614) 644-5800 FAX: (614) 644-5804

OFFICE OF SECRETARY

OPINION 87-029
Issued: September 25, 1987

[Former CJC Opinion-provides advice under the former Ohio Code of Judicial Conduct which is superseded by the Ohio Code of Judicial Conduct, eff. 3/1/2009.]

[Modified by Op. 2005-4 on April 15, 2005]

SYLLABUS: A county court judge is disqualified from the practice of law only as to matters pending or originating in that county court during his or her term of office. If the county court is divided into geographic areas of separate jurisdiction, the county court judges are precluded from practicing law in any of the districts of that county court. In addition, county court judges may not hear cases in which their law partner or associates appear as counsel. Judges should also disqualify themselves from any proceeding in which their impartiality might reasonably be questioned.

OPINION: We have before us your request for our opinion on a number of questions dealing with county court judges and their practice of law. In your county, the five county court judges have been assigned to different geographic areas of exclusive jurisdiction, pursuant to Section 1907.15 of the Ohio Revised Code. OHIO REV. CODE ANN. 1907.15 (Baldwin, 1987). With this as background, your questions are as follows:

May the judge who is a sole practitioner appear as a lawyer in any of the county court areas over which he has, by statute, no jurisdiction?
May the lawyer who is a shareholder in a professional association appear in such courts? May any of his fellow shareholders? May any of the corporation's associates, employees, subcontractors, or independent contractors?
May the judge who is a partner in a partnership appear in any of the areas? May his partner? May any associates, employees or subcontractors?
May any of the lawyers who appear in the firm name or are listed on the stationery in a group of individual private practitioners appear before any of the judges?
May an attorney who is in the same suite and shares some services with a judge, but who does not appear on the stationery or firm name, appear before that judge or any other county court judge?
Lastly, is there any difference in any of your opinions between civil and criminal proceedings and, concerning criminal, between misdemeanor and felony proceedings?

Under the Ohio Revised Code, "[a] judge of a county court shall be disqualified from the practice of law only as to matters pending or originating in that county court during his term of office." OHIO REV. CODE ANN. 1907.16 (Baldwin, 1987). County court judges may engage in the practice of law provided they do not practice in the county court in which they serve as judge. This is true regardless of the fact that a county court judge is limited in jurisdiction to causes of action arising in his exclusive area of jurisdiction. 1958 Ohio Att'y Gen. Op. 2143. Therefore, the answer to your first question is no; a county court judge may not appear as a lawyer in any of the other areas of his county court over which he has, by statute, no jurisdiction. This also answers all of your questions regarding the judges of the county court practicing law in that county court.

The unanswered portions of questions two, three and four deal with other members of a legal professional association (LPA), a partnership or an office sharing arrangement, who wish to appear in the county court. In a prior opinion issued by this Board, we stated that law partners or associates of part-time judges are precluded from practicing law in the court on which the part-time judge serves. Board of Commissioners Op. 87-022. This is applicable to LPA'S, as well as a group of private practitioners appearing on the same letterhead.

Whether or not the members of the county court judge's firm or association may appear before other county court judges is not a question this Board can answer. Whether or not an attorney represents his client for any reason is a matter decided by the individual attorney and his or her client. Board of Commissioners Op. 87-023 (1987). We agree, however, with the ABA that there is nothing in the Code of Professional Responsibility which prevents lawyers from appearing before judges, where the judge has not disqualified himself. ABA Comm. on Ethics and Professional Responsibility, Informal Op. 1306 (1974). In regard to judges disqualifying themselves in general, see Canon 2 and Canon 3C(1) of the Code.

Finally, this opinion does not distinguish between civil and criminal proceedings nor criminal misdemeanor and felony proceedings for it is our opinion that there is no distinction for purposes of complying with the Code of Judicial Conduct.

In conclusion, it is our opinion, and you are so advised, that a county court judge may not practice in the county court in which he resides, whether or not there are separate areas of jurisdiction in the county court. Law partners, associates, shareholders in an LPA, employees, subcontractors or independent contractors may not practice law before a judge who is affiliated with their law practice. A judge should disqualify himself from any proceeding where his impartiality might reasonably be questioned. A judge should also avoid impropriety and the appearance of impropriety in all his activities.

This is an informal, non-binding advisory opinion, based upon the facts as presented and limited to questions arising under the Code of Judicial Conduct.

James W. Mason, Esq.
Secretary
Board of Commissioners
on Grievances and Discipline