Can a retired judge who is not eligible for recall to the bench endorse candidates and take part in political campaigns?

Currency note

This opinion was issued in 1988 under Ohio's former Code of Judicial Conduct, which was superseded by the Ohio Code of Judicial Conduct effective March 1, 2009; the Board also flags subsequent amendments to Canon 7. Treat this page as historical context, not current guidance. Verify against the current Ohio Code of Judicial Conduct (including its application and compliance provisions and its rules on political activity) before relying on any specific rule mentioned here.

Plain-English summary

The Board was asked whether a retired judge could endorse a candidate or participate in the campaign of any candidate seeking election to judicial office or to a partisan, non-judicial office.

The Board explained that under the Code of Judicial Conduct a judge must refrain from active participation in a political organization and from endorsing a candidate for public office (Canon 7A(1)(a) and (b)). It then looked to the Code's Compliance Section, which identifies who must comply with the rules, and noted that a retired judge who is not eligible for recall under O.R.C. 2701.10 is excluded from compliance. The Board concluded that such a retired judge is not precluded by the Code of Judicial Conduct from actively participating in a political organization or from endorsing a candidate for public office.

Common questions

Q: Can a retired judge not eligible for recall endorse candidates?

A: Yes. The Board concluded that a retired judge who is not eligible for recall to judicial service is not governed by the Code of Judicial Conduct and may endorse or participate in the campaign of any candidate for judicial or partisan non-judicial office.

Q: Why does eligibility for recall matter?

A: The Code's Compliance Section determines who must follow the rules. The Board noted that a retired judge not eligible for recall under O.R.C. 2701.10 is excluded from compliance, so the Canon 7 restrictions on political activity do not apply.

Background and rules framework

The opinion applies Ohio's former Code of Judicial Conduct, Canon 7A(1)(a) and (b) (political activity) and the Code's Compliance Section, together with O.R.C. 2701.10 (eligibility for recall). Ohio later replaced this framework with the current Ohio Code of Judicial Conduct.

Citations and references

Rules of Judicial Conduct:

• Former Code of Judicial Conduct, Canon 7A(1)(a) and (b) (Ohio), political activity
• Former Code of Judicial Conduct, Compliance Section (Ohio), who must comply

Statutes:

• Ohio Rev. Code 2701.10 (eligibility of a retired judge for recall to service)

See also

• Ohio BPC Opinion 1988-017: Political Contributions by Judges and Their Campaign Committees

Source

• Landing page: https://ohioadvop.org/advisory-opinion-index/
• Original PDF: https://www.ohioadvop.org/wp-content/uploads/2017/03/Op-88-034.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 88-34
Issued December 16, 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.]

[Not Current-subsequent rule amendments to Canon 7, Ohio Code of Judicial Conduct]

SYLLABUS: A retired judge, not eligible for recall to judicial service, is not governed by the Code of Judicial Conduct and therefore may endorse or participate in the campaign of any candidate seeking election to a judicial office, or to a partisan, non-judicial office.

OPINION: We have before us your request for an advisory opinion regarding a retired judge endorsing a candidate and/or participating in the campaign of any candidate seeking election to a judicial office or to a partisan, non-judicial office.

Under the Code of Judicial Conduct a judge is to refrain from active participation in a political organization or in endorsing a candidate for public office. Code of Judicial Conduct Canon 7A(l)(a), (b) (1988). The Code of Judicial Conduct also states who must comply with the rules. A retired judge who is not eligible for recall under O.R.C. 2701.10 is excluded from compliance. Code of Judicial Conduct, Compliance Section (1988).

Therefore, in conclusion, it is our opinion and you are so advised that, a retired judge who is not eligible for recall to judicial service is not precluded, under the Code of Judicial Conduct from actively participating in a political organization or from endorsing a candidate for public office.

This opinion is advisory in nature, is based upon the facts as presented and is limited to questions arising under the Code of Professional Responsibility.