Can a judge or magistrate sit on a political party's executive committee or on a county board of elections?

Plain-English summary

The Board addressed two questions about judicial officers and political organizations, noting that the Compliance Section makes Canon 7 binding on full-time and part-time judges, magistrates, and judges pro tempore without exception. The controlling rule was Canon 7(B)(2)(a), which prohibits acting as a leader or holding office in a political organization.

On the party executive committee, the Board reaffirmed Opinion 90-08 and concluded that membership on a state or county executive committee is acting as a leader in a political party. It explained that controlling committees elect executive committee members, who hold party powers, so the position is a leadership role barred by Canon 7(B)(2).

On the board of elections, the Board described the bipartisan appointment process (the party county executive committee recommends, the secretary of state appoints) and the board's wide-ranging duties over elections. It concluded that members of a board of elections act as leaders in their political parties, both by the nature of the duties and the appointment process. The Board noted that the Ohio Attorney General had found the two public offices "compatible" (OAG Op. 96-062) but that the Attorney General deferred to the Board on the Code of Judicial Conduct. It concluded that serving on a county board of elections is also improper under Canon 7(B)(2).

Currency note

The Ohio Board flags this opinion as "Withdrawn" by Advisory Opinion 2022-02 (April 8, 2022) and as a "Former CJC Opinion" interpreting the former Ohio Code of Judicial Conduct, which was superseded by the current Ohio Code of Judicial Conduct effective March 1, 2009.

This opinion issued in 1998, before those changes. Subsequent rule amendments and the Board's withdrawal 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 Treat this page as historical context, not current guidance.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: Could a judge sit on a political party's executive committee?

A: No. The opinion concluded that membership on a state or county party executive committee is a leadership position barred by Canon 7(B)(2).

Q: Could a magistrate serve on a county board of elections?

A: No. The opinion concluded that, given the duties and the party-driven appointment process, board-of-elections membership is acting as a party leader, improper under Canon 7(B)(2).

Q: Did the Attorney General's "compatible offices" opinion change the result?

A: No. The opinion noted that the Attorney General found the offices compatible as a statutory matter but deferred to the Board on the Code of Judicial Conduct, under which the service was improper.

Background and rules framework

The opinion interprets the former Ohio Code of Judicial Conduct Canon 7(B)(2)(a) (no acting as a leader or holding office in a political organization), made applicable to all judges, magistrates, and judges pro tempore by the Compliance Section, against Ohio's statutes on party committees and boards of elections.

Citations and references

Rules of Professional Conduct:

• Former Ohio Code of Judicial Conduct Canon 7(B)(2)(a)

Statutes:

• Ohio Rev. Code §§ 3501.05, 3501.06, 3517.02, 3517.03

Other opinions cited:

• Ohio BPC Op. 90-08; Ohio Attorney General Op. 96-062

See also

• Ohio BPC Op. 1998-006: A Judge Seeking Appointment as Prosecuting Attorney
• Ohio BPC Op. 1996-008: Magistrate Title and Robe in Judicial Campaign Ads
• Ohio BPC Op. 1997-008: A Retired Judge as a Legislative Agent

Source

• Landing page: https://ohioadvop.org/advisory-opinion-index/
• Original PDF: https://www.ohioadvop.org/wp-content/uploads/2017/04/Op-98-008.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 98-8
                               Issued June 5, 1998
                          Withdrawn by Adv. Op. 2022-02

[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: It is improper under Canon 7(B)(2) of the Ohio Code of Judicial Conduct
for a full-time judge, part-time judge, full-time magistrate, part-time magistrate, or judge
pro tempore to serve as a member of a state or county executive committee of a political
party.

It is improper under Canon 7(B)(2) of the Ohio Code of Judicial Conduct for a full-time
judge, part-time judge, full-time magistrate, part-time magistrate, or judge pro tempore to
serve as a member of a county board of elections.

OPINION: This opinion addresses whether it is proper under the Ohio Code of Judicial
Conduct for a judge, magistrate or judge pro tempore to serve as a member of a state or
county executive committee of a political party or as a member of a county board of
elections.

1. Is it proper under the Ohio Code of Judicial Conduct for a full-time judge,
   part-time judge, full-time magistrate, part-time magistrate, or judge pro
   tempore to serve as a member of a state or county executive committee of
   a political party?

2. Is it proper under the Ohio Code of Judicial Conduct for a full-time judge,
   part-time judge, full-time magistrate, part-time magistrate, or judge pro
   tempore to serve as a member of a county board of elections?

Introduction

Full-time judges, part-time judges, full-time magistrates, part-time magistrates, and
judges pro tempore are all subject to Canon 7 of the Ohio Code of Judicial Conduct. The
section on Compliance With the Code of Judicial Conduct makes Canon 7 binding on all
of these judicial officers without exception.

Pertinent to this opinion is Canon 7(B)(2)(a) which prohibits those subject to it from
acting as a leader in a political organization.

   Canon 7(B) Political and Campaign Conduct in General.

   (2) A judge or judicial candidate shall not do any of the following:

           (a) Act as a leader or hold any office in a political organization;

           (b)-(g) (omitted).

Question One

In Opinion 90-08 the Board advised that “membership [by a judge, judge pro tempore, or
a judicial candidate] in a political party’s executive committee is not permitted.” The
Board reaffirms that view. Serving as a member of a state or county executive committee
of a political party is considered acting as a leader in a political party.

The controlling committees of each major political party are the state central committee
and the county central committee. Members of the controlling committees are elected at
primary elections. Each controlling committee then elects executive committee
members. The executive committee members have the powers granted to them by the
party controlling committee and as provided by law. See Ohio Revised Code Ann. §§
3517.02, 3517.03 (Baldwin 1995).

Positions of membership on the state and country central committee and the state and
county executive committee are leadership positions in a political party. Therefore, in
answer to Question One, it is improper under Canon 7(B)(2) of the Ohio Code of Judicial
Conduct for a full-time judge, part-time judge, full-time magistrate, part-time magistrate,
or judge pro tempore to serve as a member of a state or county executive committee of a
political party.

Question Two

Boards of elections are bi-partisan boards. Two members of a four member county board
are appointed in each even numbered year. One appointment is from the political party
which cast the highest number of votes for the office of governor at the most recent
regular state election. The other is from the political party which cast the next highest
number of votes. See Ohio Rev. Code Ann § 3501.06 (Baldwin Supp. 1998).

Members of boards of elections are appointed by the secretary of state. The county
executive committee of the major political party entitled to the appointment makes and
files a recommendation with the secretary of state for the appointment. The secretary of
state is required by law to appoint the elector recommended by the county executive
committee, unless the secretary of state believes that the elector would not be a
competent member of the board of elections. See Ohio Rev. Code Ann. §§ 3501.05,
3501.06 (Baldwin Supp.1998) § 3501.07 (Baldwin 1995).

Duties of the board of elections include, inter alia: conducting elections, dividing
political subdivisions into election precincts; establishing and rearranging election
precincts; appointing and removing election officers; making and issuing rules and
instructions necessary for the guidance of election officers and voters; reviewing and
certifying petitions and nomination papers; receiving the returns of elections; issuing
certificates of election to the secretary of state; investigating irregularities or violations by
election officers and other persons; administering oaths in matters pertaining to the
administration of the election laws; maintaining voter registration records; removing
ineligible electors from voter registration lists; giving approval to ballot language on any
local question or issue for final approval by the secretary of state. See Ohio Revised
Code §§ 3501.11, 3501.18, 3501.22 (Baldwin Supp. 1998).

In conducting these activities, members of boards of election act as leaders in their
political parties. This is by virtue of the nature of the activities as well as the nature of
the appointment process, including the role played by the political party county executive
committee in making the recommendation for appointment to the secretary of state. The
campaign of every elected official and every candidate for elected office, except for
statewide candidates, is subject to the jurisdiction of the county board of elections. In
fulfilling their roles on the boards of elections, the members are acting as leaders in a
political party.

The Board is cognizant that the Ohio Attorney General advised that “the positions of
part-time domestic relations magistrate in the court of common pleas and member of the
county board of elections are compatible.” OAG Op. 96-062 (1996). That opinion is a
determination of the compatibility of two public offices or positions under Ohio’s
Constitution and statutes. The Attorney General deferred to this Board as to the
applicability of the Ohio Code of Judicial Conduct.

Positions of membership on a county board of elections are leadership positions in a
political party. Therefore, it is improper under Canon 7(B)(2) of the Ohio Code of
Judicial Conduct for a full-time judge, part-time judge, full-time magistrate, part-time
magistrate, or judge pro tempore to serve as a member of a county board of elections

Advisory Opinions of the Board of Commissioners on Grievances and Discipline are
informal, nonbinding opinions in response to prospective or hypothetical questions
regarding the application of the Supreme Court Rules for the Government of the
Bar of Ohio, the Supreme Court Rules for the Government of the Judiciary, the
Code of Professional Responsibility, the Code of Judicial Conduct, and the
Attorney’s Oath of Office.