Can an Ohio judge serve on a political party executive committee, lead a party club, or sit on a county board of elections?

Plain-English summary

The Board addressed three roles a judicial officer might hold in partisan politics. Judges may belong to a party, advertise a party affiliation or endorsement, and vote, but Jud.Cond.R. 4.1(A)(1) prohibits a judge, magistrate, or judicial candidate from acting as a leader of, or holding office in, a political party. The rule guards against the appearance that a judge is subject to political influence.

On party executive committees, the Board explained that state and county central committees elect executive committee members, who exercise powers granted by the party's controlling committee and by law (R.C. 3517.02, 3517.03). The Board concluded that serving on a state or county party executive committee is acting as a leader in a political party, which Jud.Cond.R. 4.1(A) prohibits.

On political party clubs, the Board noted a judge is not barred from belonging to a party club, but concluded a judicial officer should avoid a leadership role in one, for the same reasons a judge cannot lead a political party: a leadership position may suggest the judge is subject to political influence and erode confidence in judicial independence (Jud.Cond.R. 1.2).

On county boards of elections, the Board acknowledged that Jud.Cond.R. 3.4 permits judges to accept appointments to governmental bodies concerned with the law, the legal system, or the administration of justice. But it found that the duties of a board of elections, conducting elections, certifying petitions, investigating election irregularities, and maintaining voter rolls (R.C. 3501.05, 3501.11, 3501.18, 3501.22), are unrelated to those subjects, so a judicial officer may not accept appointment to a board of elections.

In practice

Under this opinion, an Ohio judicial officer may not serve as a member of a state or county party executive committee, because the Board treats that as acting as a leader in a political party prohibited by Jud.Cond.R. 4.1(A). Per the opinion, a judge may belong to a political party club but should not take a leadership role in it. The opinion concludes a judge may not sit on a county board of elections, because the board's functions are not among the law-related governmental subjects for which Jud.Cond.R. 3.4 permits judicial appointments.

Common questions

Q: Can an Ohio judge serve on a political party's executive committee?

A: No. The opinion concludes that serving on a state or county party executive committee is acting as a leader in a political party, which Jud.Cond.R. 4.1(A) prohibits.

Q: Can a judge be a member, or a leader, of a political party club?

A: Per the opinion, a judge is not prohibited from belonging to a political party club, but should avoid a leadership role, because leading a party club may suggest the judge is subject to political influence (Jud.Cond.R. 1.2).

Q: Can a judge sit on a county board of elections?

A: No. The opinion concludes the duties of a board of elections are unrelated to the law-related subjects in Jud.Cond.R. 3.4, so a judicial officer may not accept that appointment.

Background and rules framework

The opinion interprets the Ohio Code of Judicial Conduct: Jud.Cond.R. 1.2 (confidence in the judiciary), Jud.Cond.R. 3.4 (appointments to governmental positions), and Jud.Cond.R. 4.1 (political and campaign activities), with the definition of "political party" drawn from Jud.Cond.R. 4.6(M) and R.C. 3517.01.

Citations and references

Rules of Professional Conduct:

• Ohio Jud.Cond.R. 1.2 (confidence in the judiciary)
• Ohio Jud.Cond.R. 3.4 (appointments to governmental positions)
• Ohio Jud.Cond.R. 4.1(A)(1) and cmts. [1], [3] (acting as a leader in a political party)
• Ohio Jud.Cond.R. 4.6(K), 4.6(M) (definitions)

Statutes:

• R.C. 3517.01, 3517.02, 3517.03 (political parties; central and executive committees)
• R.C. 3501.05, 3501.11, 3501.18, 3501.22 (county boards of elections)

See also

• Ohio BPC Op. 1987-044: Judges Commenting on Ballot Issues
• Ohio BPC Op. 2001-001: Judge Participation in a Spouse's Election Campaign
• Ohio BPC Op. 1987-037: Judicial Campaign Fund-Raising and the 120-Day Window

Source

• Landing page: https://ohioadvop.org/advisory-opinion-index/
• Original PDF: https://www.ohioadvop.org/wp-content/uploads/2022/04/Adv.-Op.-2022-02-Final.pdf

Original opinion text

Reproduced from the official source for research purposes. The linked source is authoritative.

OPINION 2022-02
Issued April 8, 2022
Withdraws Adv. Op. 1990-08, 1998-08

Judicial Membership and Leadership in County or State Party Executive Committees,
Political Party Clubs, and County Boards of Elections

SYLLABUS: A judicial officer may not serve as a member of a state or county executive
committee of a political party, as a leader of a political party club, or as a member of a
county board of elections.

This nonbinding advisory opinion is issued by the Ohio Board of Professional Conduct
in response to a prospective or hypothetical question regarding the application of
ethics rules applicable to Ohio judges and lawyers. The Ohio Board of Professional
Conduct is solely responsible for the content of this advisory opinion, and the advice
contained in this opinion does not reflect and should not be construed as reflecting the
opinion of the Supreme Court of Ohio. Questions regarding this advisory opinion
should be directed to the staff of the Ohio Board of Professional Conduct.
 65 SOUTH FRONT STREET, 5TH FLOOR, COLUMBUS, OH 43215-3431
Telephone: 614.387.9370 Fax: 614.387.9379
www.bpc.ohio.gov

PATRICIA A. WISE RICHARD A. DOVE
CHAIR DIRECTOR
HON. D. CHRIS COOK D. ALLAN ASBURY
VICE- CHAIR SENIOR COUNSEL
KRISTI R. MCANAUL
COUNSEL

                                  OPINION 2022-02
                                 Issued April 8, 2022
                          Withdraws Adv. Op. 1990-08, 1998-08

Judicial Membership and Leadership in County or State Party Executive Committees,
Political Party Clubs, and County Boards of Elections

SYLLABUS: A judicial officer may not serve as a member of a state or county executive
committee of a political party, as a leader of a political party club, or as a member of a
county board of elections.

QUESTIONS PRESENTED:

   1).        Whether a judicial officer may serve as a member of a state or county

executive committee of a political party;

   2).        Whether a judicial officer may serve as a leader of a political party club;

   3).        Whether a judicial officer may serve as a member of a county board of

elections.

APPLICABLE RULES: Jud.Cond.R. 1.2, 3.4, 4.1

OPINION:

Party Executive Committee Membership

   Judicial officers are permitted to belong to a political party, advertise an

endorsement by or affiliation with a party, and vote in elections. However, Jud.Cond.R.
4.1(A)(1) prohibits a judicial officer (a full-time and part-time judge or a full-time and
part-time magistrate) and a judicial candidate from acting as a leader or holding office in
Op. 2022-02 2

a political party. The term “political party” in the Code of Judicial Conduct has the same
meaning as R.C. 3517.01 and includes any national, state, or county political party.
Jud.Cond.R. 4.6(M). The prohibition in Jud.Cond.R. 4.1 avoids the appearance that a
judge is subject to political influence and political pressure and preserves public
confidence in the independence and impartiality of the judiciary. Jud.Cond.R. 4.1,
cmt.[1],[3].

   The controlling committees of each major political party are the state central

committee and the county central committees. Members of the central committees are
elected at primary elections. Each central committee elects executive committee members.
Executive committee members have powers granted to them by the party controlling
committee and as provided by law. R.C. §§ 3517.02, 3517.03. Consequently, 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 prohibited by Jud.Cond.R. 4.1(A).

Leadership Position in a Political Party Club

   A political party club is typically identified or associated with a particular political

party and engages in activities that tend to promote the philosophy and platform of a
party. See e.g., Jud.Cond.R. 4.6(K) (definition of an organization affiliated with a political
party.) Although a judge is not prohibited under the Code of Judicial Conduct from
holding membership in a political party club, the Board recommends that a judicial
officer avoid assuming a leadership role in a political party club for the same reasons a
judicial officer cannot hold a leadership position in a political party. A leadership
position in a party club may suggest that a judge is subject to political influence and erode
the public’s confidence in the independence and impartiality of the judiciary.
Jud.Cond.R. 1.2.

Membership on a County Board of Elections

   Judicial officers may generally accept appointments to governmental boards,

commissions, or other governmental positions that are concerned with the law, the legal
system, or the administration of justice. Jud.Cond.R. 3.4. County boards of elections are
bi-partisan boards consisting of political party members who are nominated by county
parties and officially appointed by the secretary of state. R.C. § 3501.05. Duties of the
board of elections include the conducting of elections; reviewing and certifying petitions
Op. 2022-02 3

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; and removing ineligible electors from voter registration lists. R.C. §§
3501.11, 3501.18, 3501.22. Because the duties and functions of county boards of elections
are unrelated to any of the subjects enumerated in Jud.Cond.R. 3.4, a judicial officer may
not accept a governmental appointment to a board of elections.