Can an Ohio judge ask the local bar association to help with a program without creating an appearance of impropriety?

Plain-English summary

The Board addressed whether a judge would create an appearance of impropriety by asking the local bar association whether it would assist with an upcoming program, where the program centered on a convention for judges held in that county. The Board concluded that a judge may suggest that a local bar association become involved in a program relating to the law, the legal system, or the administration of justice, citing Canon 4 of the Code of Judicial Conduct.

The Board cautioned that a judge should not exert undue pressure on the bar association, which could be viewed as lending the prestige of the judge's office to advance the interests of others, contrary to Canon 2B. It observed that judges are encouraged to participate in bar activities as a way of staying in contact with the world around them and making judicial expertise available to improve the law, while the Advisory Committee on Judicial Activities had sanctioned judicial involvement with bar associations provided judges refrained from activities involving questions of litigation.

The Board explained that a judge should not use the bar association as a means of securing personal favors. It reasoned that Canon 2B prohibits judges from lending the prestige of their offices to advance the private interests of others, and that a judge who accepts special favors from a bar association may create an impression that the association is in a position to influence the judge. The Board concluded that a judge may suggest or even encourage a bar association to become involved in a law-related program, but shall not exert undue pressure or use the influence of the judge's position to advance the interests of others.

Currency note

This opinion is flagged by the Board as a former Code of Judicial Conduct opinion: it provides advice under the former Ohio Code of Judicial Conduct, which was superseded by the Ohio Code of Judicial Conduct effective March 1, 2009, and the Board also flags it as not current in light of subsequent amendments to Canons 1 through 6 effective May 1, 1997. It issued in 1990. Subsequent rule amendments or later opinions may have changed the analysis. Treat this page as historical context, not current guidance.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.

Common questions

Q: Can a judge ask the local bar association to help run a program?

A: Under this opinion, yes, where the program relates to the law, the legal system, or the administration of justice. The Board grounded that conclusion in Canon 4.

Q: What crosses the line into an appearance of impropriety?

A: The Board concluded that exerting undue pressure on the bar association, or using the prestige of the office to advance others' interests, would offend Canon 2B.

Q: Can a judge accept special favors from a bar association?

A: The Board concluded a judge should not use the bar association to secure personal favors, reasoning that accepting special favors may create the impression that the association can influence the judge.

Background and rules framework

The opinion interprets the former Ohio Code of Judicial Conduct: Canon 4 (a judge may engage in activities to improve the law, the legal system, and the administration of justice) and Canon 2B (a judge should not lend the prestige of office to advance the private interests of others). The Board weighed encouragement of bar involvement against the limits Canon 2B places on using judicial influence.

Citations and references

Rules of Judicial Conduct (Ohio, former):

• Canon 4, activities to improve the law, the legal system, and the administration of justice
• Canon 2B, not lending the prestige of judicial office to advance others' private interests

Other authorities cited:

• Thode, Reporter's Notes to the Code of Judicial Conduct, 76 (1973)
• Copple, From the Cloister to the Street: Judicial Ethics and Public Expression, 64 Den. U.L. Rev. 570 (1988), citing Advisory Committee Op. 34 (1974)

See also

• Ohio BPC Op. 1987-003: Judge as Member of a Not-For-Profit Foundation Board
• Ohio BPC Op. 1987-013: Judge on a Governmental Hazardous Materials Task Force
• Ohio BPC Op. 1987-009: Retired Judge on a Courthouse Restoration Committee Engaged in Fund-Raising
• Ohio BPC Op. 1986-002: Common Pleas Judge Instructing at a State University

Source

• Landing page: https://ohioadvop.org/advisory-opinion-index/
• Original PDF: https://www.ohioadvop.org/wp-content/uploads/2017/04/Op-90-005.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 90-5
Issued April 20, 1990

[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 is permitted to suggest to the local bar association programs or interests the bar may wish to pursue. However, a judge should not use his or her position to obtain any special favors from the bar association which would create an appearance of impropriety.

OPINION: We have before us your request for an advisory opinion on whether a judge would be creating any appearance of impropriety by asking the local bar association whether they will assist in an upcoming program. The program centers around a convention for judges being held in that particular county.

In our view, a judge may suggest that a local bar association become involved in a program relating to the law, the legal system or the administration of justice. See, Code of Judicial Conduct, Canon 4. A judge should not exert undue pressure on the Bar Association which could be considered as lending the prestige of the judge's office to advance the interests of others. Code of Judicial Conduct, Canon 2B.

Judges are encouraged to participate in bar activities as a means of keeping them in contact with the world around them and as a way of making the judicial expertise available in the ever-continuing effort to improve the law. Thode, Reporter's Notes to the Code of Judicial Conduct, 76 (1973). The Advisory Committee on Judicial Activities has sanctioned judicial involvement with bar associations provided judges refrain from engaging in bar activities which involve questions of litigation. Copple, From the Cloister to the Street: Judicial Ethics and Public Expression, 64 Den. U.L. Rev. 570, 571 (1988), citing Advisory Committee Op. 34 (1974).

A judge should not, however, use the bar association as a means of securing personal favors. Canon 2B prohibits judges from lending the prestige of their offices to advance the private interests of others. Moreover, a judge who accepts special favors from a bar association may be creating an impression that the bar association is in a position to influence the judge. Code of Judicial Conduct, Canon 2B.

In conclusion, it is our opinion and you are so advised that a judge may suggest or even encourage a bar association to become involved in a program relating to the law, the legal system, or the administration of justice. A judge shall not however, exert undue pressure on a bar association or use the influence of the judge's position to advance the interests of others.

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