Can the spouse of a county court judge serve as a common pleas judge in the same county?

Currency note

The Board flags this opinion as not current: it issued in 1989 under Ohio's former Code of Judicial Conduct (superseded by the Ohio Code of Judicial Conduct effective March 1, 2009), and Canons 1 through 6 were later amended effective May 1, 1997. Treat this page as historical context, not current guidance.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

The question was whether the spouse of a county court judge could serve on a court of common pleas within the same county. The Board concluded that there is nothing in the Code of Judicial Conduct that would prevent spouses from both serving in a judicial capacity, and that this situation would not create the appearance of impropriety. It added that the judges should not allow their relationship to influence their judicial conduct or judgment, citing Canon 2B. The Board concluded it would not be improper for the spouse of a county court judge to serve as a common pleas court judge in the same county.

Common questions

Q: Can two spouses both be judges in the same county?

A: Under this opinion, yes. The Board concluded nothing in the Code prevents spouses from both serving as judges and that the arrangement does not create the appearance of impropriety.

Q: Were there any conditions?

A: The opinion stated the judges should not allow their relationship to influence their judicial conduct or judgment, citing Canon 2B.

Background and rules framework

The opinion interprets Ohio's former Code of Judicial Conduct, Canon 2B (a judge should not allow family or other relationships to influence judicial conduct or judgment).

Citations and references

Rules of Judicial Conduct (Ohio):

• Former Code of Judicial Conduct, Canon 2B, relationships should not influence judicial conduct or judgment

See also

• Ohio BPC Opinion 1989-019: Judge Whose Spouse Is a Police Officer
• Ohio BPC Opinion 1987-022: Part-Time Judge, Law Partners, and Relatives

Source

• Landing page: https://ohioadvop.org/advisory-opinion-index/
• Original PDF: https://www.ohioadvop.org/wp-content/uploads/2017/04/Op-89-020.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 89-20
Issued June 16, 1989

[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: The Code of Judicial Conduct does not prohibit the spouse of a county court judge from serving as a common pleas judge within the same county.

OPINION: We have before us your request for an advisory opinion on whether the spouse of a county court judge may serve on a court of common pleas within the same county.

There is nothing in the Code of Judicial Conduct which would prevent spouses from both serving in a judicial capacity. This situation, in our view, would not create the appearance of impropriety. The judges should not allow their relationship to influence their judicial conduct or judgment. Code of Judicial Conduct Canon 2B.

In conclusion it is our opinion and you are so advised that it would not be improper for the spouse of a county court judge to serve as a common pleas court judge in the same county.

This is an informal, non-binding advisory opinion based upon the facts presented and limited to questions arising under the Code of Judicial Conduct.