Can an Ohio judge serve on the board of trustees of a college or university?
Ohio BPC Opinion 89-003: Judge Serving on a College Board of Trustees
Short answer: The Board concluded that a judge may serve as a trustee of a college or university under Canon 5B, but should not serve where the institution is likely to litigate before the judge or to be regularly in court, and must disqualify in any case whose outcome could affect the institution.
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.
Currency note
The Board withdrew this opinion by Opinion 99-1 on February 5, 1999. It was issued in 1989 under Ohio's former Code of Judicial Conduct, since superseded by the Ohio Code of Judicial Conduct effective March 1, 2009. Treat this page as historical context, not current guidance.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 rule mentioned here.
Plain-English summary
A Common Pleas Court judge asked whether he could become a member of a college's board of trustees. The judge noted he had served for nearly six years and had never had a case involving the college.
The Board concluded that, under Canon 5B of the former Code of Judicial Conduct, a judge may serve as a trustee of an educational organization not conducted for the economic or political advantage of its members. It identified two limits drawn from the Canon: a judge should not serve if it is likely that the organization will be engaged in proceedings that would ordinarily come before the judge or will be regularly engaged in adversary proceedings in any court; and a judge should disqualify in any case in which the decision could affect an organization in which the judge serves as an officer or board member. The Board added that, under Canon 5B(3), a judge may not solicit funds or permit the use of the prestige of the office for that purpose. It noted the opinion was not an interpretation of the Ohio Constitution or the Ohio Revised Code.
Common questions
Q: Can an Ohio judge sit on a college or university board of trustees?
A: Under this opinion, yes. The Board read Canon 5B to allow a judge to serve as a trustee of an educational organization not run for the members' economic or political advantage, subject to the Canon's limits.
Q: When should a judge decline a trusteeship or step aside?
A: The opinion stated a judge should not serve if the institution is likely to appear before the judge or to be regularly in litigation, and must disqualify in any case whose decision could affect the institution.
Q: Could the judge help the college raise money?
A: No. The opinion noted that Canon 5B(3) bars a judge from soliciting funds or letting the prestige of the office be used for that purpose.
Background and rules framework
The opinion applies the former Ohio Code of Judicial Conduct, Canon 5B, which permitted a judge to serve as an officer, director, or trustee of an educational, religious, charitable, fraternal, or civic organization not conducted for profit, subject to stated limits, and Canon 5B(3) on fund solicitation. 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 5B (Ohio), service as a trustee of a nonprofit organization
- Former Code of Judicial Conduct, Canon 5B(3) (Ohio), no solicitation of funds or use of judicial prestige
See also
- Ohio BPC Opinion 1987-003: Judge Serving on a Foundation Board
- Ohio BPC Opinion 1987-050: Judge as Trustee of a Religious Retirement Plan
- Ohio BPC Opinion 1986-002: Judge Teaching a University Class
Source
- Landing page: https://ohioadvop.org/advisory-opinion-index/
- Original PDF: https://www.ohioadvop.org/wp-content/uploads/2017/03/Op-89-003.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 89-003
Issued February 17, 1989
[Withdrawn by Opinion 99-1 on Feb. 5, 1999]
SYLLABUS: A judge is not prohibited under the Code of Judicial Conduct from being a member of a college's Board of Trustees. However, under Canon 5B, the judge should not serve if it is likely that the college will be engaged in proceedings that would ordinarily come before him or regularly engaged in adversary proceedings in any court. In addition, a judge should disqualify himself in any case in which the decision could affect any organization in which he serves on the board or as an officer.
OPINION: We have before us your request for an advisory opinion on whether you, as a Common Pleas Court Judge, may become a member of a College's Board of Trustees. In your letter you indicate that you have been a judge in the county for nearly six years and have never had a case involving the college.
Based upon Canon 5B of the Code of Judicial Conduct, it is our opinion that a judge may be a member of a college or university board of trustees. Canon 5B states that a judge may serve as a trustee of an educational organization not conducted for the economic or political advantage of its members. This Code provision is subject to the following limitations:
(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.
Therefore, as long as a judge complies with the foregoing limitations he or she may ethically become a member of a college or university board of trustees. This opinion is not, in any way, an interpretation of the Ohio constitution or the Ohio Revised Code. In addition, a judge is not permitted to solicit funds or permit the use of the prestige of his office for that purpose under Canon 5B(3).
This is an informal, non-binding advisory opinion, based upon the facts presented and limited to questions arising under the Code of Judicial Conduct.