Were court referees in Ohio required to complete the mandatory continuing legal education that the judiciary rules imposed on judges?

Currency note

The Board's status list flags this opinion as Withdrawn by Board action on December 5, 1997 due to amended Gov. Bar R. X. The opinion was issued in 1987 and describes a continuing-legal-education framework that the opinion itself notes was undergoing major change at the time. Treat this page as historical context, not current guidance. Verify against the current Ohio judiciary and bar rules before relying on any specific requirement mentioned here.

Plain-English summary

A full-time referee asked whether referees were required to participate in continuing legal education under Gov. Jud. R. IV, the rule mandating continuing legal education for judges. The Board answered that referees, whether part-time or full-time, were not required to comply with that rule.

The Board observed that continuing legal education in Ohio was undergoing a major transformation at the time, noting a proposed draft of a mandatory continuing legal education program for lawyers then before the Supreme Court of Ohio, and stated that referees who were also Ohio lawyers should keep themselves abreast of changes. The Board encouraged referees to participate in continuing legal education that would further their knowledge of the areas in which they acted as referees, and pointed to the Ohio Judicial Conference as a resource.

Common questions

Q: Did the mandatory CLE rule for judges apply to referees?

A: No. The Board concluded that referees, part-time or full-time, were not required to comply with Gov. Jud. R. IV, the rule mandating continuing legal education for judges.

Q: Did the Board say referees should take continuing legal education anyway?

A: Yes. The Board encouraged referees to participate in continuing legal education that would further their knowledge of the areas in which they acted as referees, and noted that referees who were also lawyers should track ongoing changes to Ohio's continuing-legal-education requirements.

Background and rules framework

The opinion interprets Gov. Jud. R. IV (the Rules for the Government of the Judiciary), which at the time mandated continuing legal education for judges. The opinion addresses only whether that judges' requirement reached referees; the Board described the broader continuing-legal-education framework as then in transition.

Citations and references

Rules of Professional Conduct:

• Ohio Gov. Jud. R. IV (continuing legal education for judges)

See also

• Ohio BPC Opinion 1987-014: Part-Time Referees Practicing Law
• Ohio BPC Opinion 1987-049: Acting Judge's Duties Under the Code of Judicial Conduct

Source

• Landing page: https://ohioadvop.org/advisory-opinion-index/
• Original PDF: https://www.ohioadvop.org/wp-content/uploads/2017/03/Op-87-041.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 87-041
Issued: September 25, 1987

[Withdrawn- by Board on Dec. 5, 1997 due to amended Gov. Bar R. X §3 (D)(1)]

SYLLABUS: At present, referees are not required to comply with Rule IV of the Rules for the Government of the Judiciary, which mandates continuing legal education for judges. However, we encourage both part-time and full-time referees to participate in continuing legal education in order to increase their knowledge and understanding of their position as referees and their knowledge of the area of law over which they preside as referee.

OPINION: We have before us your request for our opinion on whether, as a full-time referee, you are required to participate in continuing legal education pursuant to Gov. Jud. R. IV. Referees, whether part-time or full-time, are not required to comply with Rule IV of the Government of the Judiciary.

In a recent publication of the Ohio State Bar Association Report (June 22, 1987) a proposed draft of a mandatory continuing legal education program for lawyers was printed and is being considered by the Supreme Court of Ohio. Continuing legal education in Ohio is undergoing a major transformation which will undoubtedly affect all members of the Ohio Bar, including referees. As both a referee and a lawyer in Ohio, you should keep yourself abreast of any changes in the area of continuing legal education.

Although mandatory continuing legal education is not thus far a reality for referees in Ohio, we encourage referees to participate in continuing legal education which will further their knowledge of the area in which they act as referees. The Ohio Judicial Conference in Columbus can advise you regarding any programs or courses being offered for referees.

In conclusion, it is our opinion, and you are so advised, that full-time and part-time referees are not presently required to comply with Gov. Jud. R. IV which mandates continuing legal education for judges.

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