Can an Ohio judge or magistrate accept appointment as a trustee on the board of a county community college?

Plain-English summary

The Board addressed whether a judge or magistrate could accept appointment as a trustee on the board of a county community college. It read two canons together: Canon 2(B), which permits a judge to serve as an officer, director, or trustee of an organization or governmental agency devoted to the improvement of the law, the legal system, or the administration of justice, or of an educational, religious, charitable, fraternal, or civic organization not conducted for profit, subject to limitations; and Canon 4(C)(2), which prohibits a judge from accepting appointment to a governmental committee, commission, or other governmental position concerned with issues of fact or policy on matters other than the law, the legal system, or the administration of justice.

The Board explained that Canon 4(C)(2) limits Canon 2(B): some appointed positions that Canon 2(B) might otherwise allow are still barred. It quoted the Commentary to Canon 4(C)(2), which gave the example that service on the board of a public educational institution, unless it were a law school, would be prohibited under Canon 4(C)(2), while service on the board of a public law school or any private educational institution would generally be permitted under Canon 2(B).

Applying Ohio law, the Board noted that a community college is a "public institution of education beyond the high school" (R.C. 3354.01(C)), that a community college district is a political subdivision of the state (R.C. 3354.01(A)), and that trustees are appointed (R.C. 3354.05). Because a county community college is a public institution concerned with issues of fact or policy on matters other than the law, the legal system, or the administration of justice, the Board concluded that Canon 4(C)(2) prohibited a judge, and therefore a magistrate, from accepting appointment as a trustee. The Board withdrew Opinion 89-003, which had advised that a judge was not prohibited from serving on a college board of trustees, finding that earlier advice too broad.

Currency note

The Ohio Board flags this opinion as a "Former CJC Opinion," meaning it provides advice under the former Ohio Code of Judicial Conduct, which was superseded by the Ohio Code of Judicial Conduct effective March 1, 2009.

This opinion issued in 1999, before that revision. The Canon 2(B) and Canon 4(C)(2) provisions described here have since been renumbered and revised. Treat this page as historical context, not current guidance. Verify against the current Ohio Code of Judicial Conduct before relying on any specific canon or example mentioned here.

Common questions

Q: Could an Ohio judge serve as a trustee of a county community college?

A: No. The opinion concluded that Canon 4(C)(2) prohibited the appointment because a county community college is a public institution concerned with matters other than the law, the legal system, or the administration of justice.

Q: Did the same limit apply to magistrates?

A: Yes. The opinion applied the Code's rules to magistrates as well as judges and reached the same conclusion for both.

Q: Was service on any educational board prohibited?

A: No. The opinion, quoting the Commentary to Canon 4(C)(2), noted that service on the board of a public law school, or any private educational institution, would generally be permitted under Canon 2(B); the bar applied specifically to a public, non-law educational institution.

Q: Did this opinion change prior guidance?

A: Yes. The opinion withdrew Opinion 89-003, which had advised that a judge was not prohibited from serving on a college board of trustees, describing that earlier advice as too broad.

Background and rules framework

The opinion interprets the former Ohio Code of Judicial Conduct Canon 2(B) (membership in organizations) and Canon 4(C)(2) (appointments to governmental positions), reading the second as a limit on the first. It applies Ohio Revised Code provisions defining a community college and its trustees (R.C. 3354.01, R.C. 3354.05).

Citations and references

Rules of Professional Conduct:

• Former Ohio Code of Judicial Conduct Canon 2(B), Canon 4(C)(2), and the Commentary to Canon 4(C)(2)

Statutes:

• R.C. 3354.01(A), (C); R.C. 3354.05

Other opinions cited:

• Ohio Bd. of Comm'rs on Grievances & Discipline Op. 89-003 (1988): withdrawn by this opinion

See also

• Ohio BPC Op. 1998-012: Judges' Outside Business
• Ohio BPC Op. 1998-008: Judge on Party Executive Committee or Board of Elections

Source

• Landing page: https://ohioadvop.org/advisory-opinion-index/
• Original PDF: https://www.ohioadvop.org/wp-content/uploads/2017/04/Op-99-001.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 99-1
                                 Issued February 5, 1999

[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 4(C)(2) of the Ohio Code of Judicial Conduct
for a judge or a magistrate to accept an appointment to serve as a trustee on the board of a
county community college. A county community college is a public institution
concerned with issues of fact or policy on matters other than the improvement of the law,
the legal system or the administration of justice; therefore, acceptance of such
appointment is prohibited under Canon 4(C)(2).

Opinion 89-003 is withdrawn.

OPINION: This opinion addresses whether a judge or magistrate may serve as a trustee
on the board of a county community college.

   Is it proper under the Ohio Code of Judicial Conduct for a judge or a
   magistrate to accept an appointment to serve as a trustee on the board of a
   county community college?

Two rules within the Ohio Code of Judicial Conduct are relevant to the inquiry—Canon
2(B) and Canon 4(C)(2). Canon 2(B) regulates membership and service on boards of
government agencies devoted to the improvement of the law, the legal system, or the
administration of justice and on other organizations not conducted for profit. Canon
4(C)(2) governs appointments to governmental committees, governmental commissions,
or other governmental positions.

Canon 2(B) permits, with limitations, service on the boards of organizations and
governmental agencies devoted to the improvement of the law, the legal system, or the
administration of justice and on other educational, religious, charitable, fraternal, or civic
organizations not conducted for profit.

   Canon 2(B) Membership in Organizations. A judge may serve as an
   officer, director, trustee, or non-legal advisor of an organization or
   governmental agency devoted to the improvement of the law, the legal
   system, or the administration of justice or of an educational, religious,
   charitable, fraternal, or civic organization not conducted for profit, subject
   to the following limitations and the other requirements of this Code.

Op. 99-1 2

          (1) A judge shall not serve as an officer, director, trustee, or non-
              legal advisor if it is likely that the organization will be engaged
              in either of the following:

               (a) Proceedings that ordinarily would come before the judge;

               (b) Adversary proceedings with frequency in the court of
                   which the judge is a member or in any court subject to the
                   appellate jurisdiction of the court of which the judge is a
                   member.

          (2) (a) through (d) [omitted (fundraising limitations)].

Canon 4(C)(2) prohibits the acceptance of appointments to governmental committees,
governmental commissions, or other governmental positions concerned with issues of
fact or policy on matters other than the improvement of the law, the legal system or the
administration of justice.

   Canon 4(C) Appearances and Appointments
         (2) A judge shall not accept appointment to a governmental
         committee or commission or other governmental position that is
         concerned with issues of fact or policy on matters other than the
         improvement of the law, the legal system or the administration of
         justice. A judge may represent a country, state, or locality on
         ceremonial occasions or in connection with historical, educational
         or cultural activities.

Canon 4(C)(2) limits Canon 2(B). Under Canon 4(C)(2) a judge or magistrate is
prohibited from serving in some appointed positions that might otherwise be permitted
under Canon 2(B). A pertinent example is provided in the Commentary to Canon
4(C)(2): “[S]ervice on the board of a public educational institution, unless it were a
law school, would be prohibited under Canon 4(C)(2), but service on the board of a
public law school or any private educational institution would generally be
permitted under Canon 2(B).” (Emphasis added).

The Ohio legislature has defined a community college as a “public institution of
education beyond the high school organized for the principal purpose of providing for the
people of the community college district … instructional programs.” R.C. § 3354.01(C).
A community college district is a “political subdivision of the state and a body corporate
with all the powers of a corporation.” R.C.§ 3354.01(A). Trustees of a community
college board are appointed positions. R.C.§ 3354.05.

Because of Canon 4(C)(2), a judge, and thus a magistrate, is prohibited from accepting
appointment as a trustee on the board of a county community college. A county
community college is a public institution concerned with issues of fact or policy on
Op. 99-1 3

matters other than the improvement of the law, the legal system or the administration of
justice.

With this opinion, the Board withdraws Opinion 89-003 in which the Board advised that
“[a] judge is not prohibited under the Code of Judicial Conduct from being a member of a
college’s Board of Trustees.” Upon consideration of Canon 4(C)(2) and the Commentary
thereto, the Board now considers the advice offered within Op. 89-003 as too broad in
application.

In closing, the Board advises that it is improper under Canon 4(C)(2) of the Ohio Code of
Judicial Conduct for a judge or a magistrate to accept an appointment to serve as a trustee
on the board of a county community college. A county community college is a public
institution concerned with issues of fact or policy on matters other than the improvement
of the law, the legal system or the administration of justice; therefore, acceptance of such
appointment is prohibited under Canon 4(C)(2).

Opinion 89-003 is withdrawn.

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.