Could a retired Ohio judge who registered to serve as a private judge still be eligible for appointment as a visiting judge by the Chief Justice?

Currency note

This opinion was issued in 1988 under the former Ohio Code of Judicial Conduct, which was superseded by the Ohio Code of Judicial Conduct effective March 1, 2009. The opinion also rests on statutes (Ohio Rev. Code 2701.10 and 141.16) that may have changed. Treat this page as historical context, not current guidance. Verify against the current Ohio Code of Judicial Conduct and the current statutes before relying on any specific provision mentioned here.

Plain-English summary

A retired judge asked whether registering to serve as a private judge under Ohio Rev. Code 2701.10 affected the ability to continue being assigned as a visiting judge by the Chief Justice of the Ohio Supreme Court. The Board concluded that retired judges who register for private-judge service are not precluded from visiting-judge assignments.

The Board reasoned that Ohio Rev. Code 2701.10(F) provided that service as a private judge does not affect Ohio Rev. Code 141.16, which addresses compensation of assigned retired judges and provides that a retired judge may be assigned to active duty by the Chief Justice. The Board read the legislative intent as allowing retired judges to be eligible for both private and visiting judgeships, and found nothing in the Code of Judicial Conduct that would prevent a retired judge from seeking both referrals for private judgeships and assignments as a visiting judge.

Common questions

Q: Did registering as a private judge bar a retired judge from visiting-judge assignments?

A: No. The Board concluded that a retired judge who registered as a private judge under Ohio Rev. Code 2701.10 remained eligible for assignment as a visiting judge by the Chief Justice.

Q: Did the Code of Judicial Conduct forbid holding both roles?

A: No. The Board found nothing in the Code that would prevent a retired judge from seeking both private-judge referrals and visiting-judge assignments.

Background and rules framework

The opinion turns largely on statute: Ohio Rev. Code 2701.10 (private judges) and 141.16 (assignment and compensation of retired judges), read with the Chief Justice's assignment power under Ohio Const. art. IV, Section 6(C). The Board found no contrary command in the former Ohio Code of Judicial Conduct.

Citations and references

Statutes:

• Ohio Rev. Code 2701.10 and 2701.10(F) (private judges)
• Ohio Rev. Code 141.16 (assignment and compensation of retired judges)
• Ohio Const. art. IV, Section 6(C) (assignment of judges)

See also

• Ohio BPC Opinion 1987-009: Retired Judge and a Fund-Raising Committee
• 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-88-006.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 88-6
Issued April 25, 1988

[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.]

SYLLABUS: A retired judge who registers for referrals and submissions for service as a private judge pursuant to Ohio Rev. Code §2701.10 is not ineligible for appointment by the Chief Justice of the Ohio Supreme Court for a visiting judgeship pursuant to Ohio Const. art. IV §6(C).

OPINION: We have before us your request for an informal advisory opinion regarding retired judges who register to serve as private judges pursuant to Ohio Rev. Code §2701.10 and their ability to continue to be appointed as visiting judges by the Chief Justice of the Ohio Supreme Court.

It is our opinion that retired judges who register for service as private judges are not precluded from being appointed as visiting judges by the Supreme Court. Ohio Rev. Code §2701.10(F) specifically states that service as a private judge does not affect and should not be construed as affecting the provisions of §141.16 of the Revised Code. Section 141.16, which deals with compensation of assigned retired judges, also states that a retired judge may be assigned to active duty as a judge by the Chief Justice of the Ohio Supreme Court. Therefore, it is our belief that the legislative intent was to allow retired judges to be eligible for both private and visiting judgeships.

In your request you also ask whether a retired judge who registers for referrals as a private judge would violate any provision of the Code of Judicial Conduct if he or she also sought appointments as a visiting judge by the Supreme Court. We find nothing in the Code which would prevent a retired judge from seeking both referrals for private judgeships and assignments for visiting judgeships.

In conclusion, it is our opinion and you are so advised that a retired judge may ethically make himself or herself available for both private judgeships under Ohio Rev. Code §2701.10 and for visiting judgeships under Ohio Const. Art. IV §6(C).

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.