OHBPC 1987-12-18

Could a municipal court judge serve as a trustee of a retirement plan for the lay employees of a local Catholic Diocese?

Short answer: The Board concluded that a municipal court judge could serve as a trustee of a retirement plan for the lay employees of a local Catholic Diocese, because former Canon 5B permitted a judge to serve as a trustee of a religious or charitable organization not run for the economic or political advantage of its members and the role did not involve prohibited fund solicitation. The Board flagged the Canon 5B(1) and 5B(2) limits on serving and on disqualification. The opinion interprets the former Ohio Code of Judicial Conduct, since superseded.

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 Not binding precedent.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 87-050: Judge Serving as Trustee of a Religious Organization's Retirement Plan

Short answer: The Board concluded that a municipal court judge could serve as a trustee of a retirement plan for the lay employees of a local Catholic Diocese, because former Canon 5B permitted service as a trustee of a religious or charitable organization not run for the economic or political advantage of its members, and the role did not involve the fund solicitation prohibited by Canon 5B(3).

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 not current: it is a former Code of Judicial Conduct opinion subject to subsequent rule amendments to Canons 1 through 6 of the Ohio Code of Judicial Conduct effective May 1, 1997, and the former Code was superseded by the Ohio Code of Judicial Conduct effective March 1, 2009. Treat this page as historical context, not current guidance. Verify against the current Ohio Code of Judicial Conduct before relying on any specific rule mentioned here.

Plain-English summary

A municipal court judge asked whether the judge could accept a position on the board of trustees for a retirement plan covering the lay employees of a local Catholic Diocese, a role that would involve managing the employees' retirement fund. The Board concluded that accepting the position would not violate the Code of Judicial Conduct.

The Board reasoned that the role did not involve the solicitation of funds prohibited under former Canon 5B(3), and that former Canon 5B permitted judges to take part in civic and charitable activities that did not adversely reflect on their impartiality or interfere with their duties, including service as a trustee of a religious or charitable organization not conducted for the economic or political advantage of its members. The Board cautioned that the limits in Canon 5B(1) and 5B(2) still applied: a judge should not serve if the organization was likely to be engaged in proceedings ordinarily coming before the judge or regularly engaged in adversary proceedings, and a judge should disqualify in any case whose decision could affect an organization the judge serves.

Common questions

Q: Could the judge serve as a trustee of the diocese retirement plan?

A: Yes. The Board concluded that, under former Canon 5B, a judge could serve as a trustee of a religious or charitable organization not run for the economic or political advantage of its members, and the retirement-plan role qualified.

Q: Did fund-raising rules bar the role?

A: No. The Board found the trustee role did not involve the solicitation of funds that former Canon 5B(3) prohibited.

Q: What limits did the Board flag?

A: The Board pointed to former Canon 5B(1) (do not serve if the organization is likely to appear before the judge or be regularly in adversary proceedings) and 5B(2) (disqualify in any case whose decision could affect an organization the judge serves).

Background and rules framework

The opinion applies former Canon 5B of the Ohio Code of Judicial Conduct, governing a judge's civic and charitable activities, including the conditions under which a judge may serve as an officer or trustee of a religious or charitable organization, and the related disqualification limit in Canon 5B(2).

Citations and references

Rules of Professional Conduct:

Former CJC Canon 5B, including 5B(1), 5B(2), and 5B(3), Ohio 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-87-050.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 87-050
December 18, 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.]

[Not Current- subsequent rule amendments to Canons 1 through 6, Ohio code of Judicial Conduct, eff. May 1, 1997]

SYLLABUS: A judge may ethically serve as a member of the Board of Trustees for a retirement plan for lay employees of a local Catholic Diocese.

OPINION: We have before us your request for our opinion on whether a municipal court judge may accept a position on the Board of Trustees for a retirement plan for lay employees within the Catholic Diocese. It is our understanding that such a position would involve the management of the lay employees' retirement fund of the local Catholic Diocese.

It is our opinion that accepting such a position would not violate the Code of Judicial Conduct. Membership on such a Board would not involve the solicitation of funds prohibited under Canon 5B (3) of the Code of Judicial Conduct. In addition, Canon 5B permits judges to participate in civic and charitable activities that do not adversely reflect upon their impartiality or interfere with their duties as judge. Canon 5B further specifically permits a judge to serve as a trustee of a religious or charitable organization which is not conducted for the economic or political advantage of its members. Code of Judicial Conduct Canon 5B. We do not believe that being a trustee for a retirement plan for lay employees of a local Catholic Diocese is the type of activity Canon 5B is intended to prevent.

However, please keep in mind the limitations of Canon 5B (1) and (2), which state:

(1) A judge should not serve if it is likely that the organization will be engaged in proceedings that would ordinarily come before him or will be regularly engaged in adversary proceedings in any court.

(2) A judge should disqualify himself in any case in which the decision could affect any organization which he serves as either an officer or member of the board.

In conclusion, it is our opinion, and you are so advised, that a municipal court judge may ethically serve on a Board of Trustees which oversees a lay employees' retirement plan for a local Catholic Diocese.

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