Can a part-time judge pro tempore serve as an officer or board member of a political party organization in Ohio?

Plain-English summary

The Board addressed whether a judge pro tempore, who sat on a municipal court bench one afternoon a week hearing specific types of cases, could be a member of a political party's executive committee or a board trustee of a political party's club. The Board explained that Canon 7(A)(1)(a) provides that a judge or judicial candidate should not act as a leader or hold any office in a political organization.

The Board noted that the Code's Compliance Section B defines a judge pro tempore as a person appointed temporarily as a judge, and that while acting as such a judge pro tempore is not required to comply with Canons 5C(2), (3), D, E, F, and G, and Canon 6C. It emphasized that there is no exception from Canon 7 for a judge pro tempore.

The Board concluded that a judge, including a pro tempore judge or a judicial candidate, may not hold office or act as a leader in a political organization. In its view, membership on a political party's executive committee is not permitted, and membership as a trustee in a political party's club should also be avoided because it may be considered a leadership position in a political organization.

Currency note

The Board withdrew this opinion by Advisory Opinion 2022-02 on April 8, 2022. It is a former Code of Judicial Conduct opinion, providing advice under the former Ohio Code of Judicial Conduct that was superseded by the Ohio Code of Judicial Conduct effective March 1, 2009, and the Board also flags it as not current in light of subsequent amendments to Canon 7. It issued in 1990. Treat this page as historical context, not current guidance.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: Does the part-time, temporary nature of a pro tempore appointment change the political-activity rules?

A: Under this opinion, no. The Board concluded that a judge pro tempore is not exempt from Canon 7, even though the Compliance Section relieves a pro tempore judge of some other Canons while serving.

Q: Can a judge pro tempore sit on a political party's executive committee?

A: The Board concluded that membership on a political party's executive committee is not permitted, because Canon 7(A)(1)(a) bars holding office or acting as a leader in a political organization.

Q: What about serving as a trustee of a political party's club?

A: The Board concluded such membership should be avoided, because it may be considered a leadership position in a political organization.

Background and rules framework

The opinion interprets the former Ohio Code of Judicial Conduct: Canon 7(A)(1)(a) (a judge or judicial candidate should not act as a leader or hold office in a political organization) and the Compliance Section's definition of a judge pro tempore and the limited Canons from which such a judge is relieved while serving.

Citations and references

Rules of Judicial Conduct (Ohio, former):

• Canon 7(A)(1)(a), prohibition on acting as a leader or holding office in a political organization
• Compliance Section B, definition of judge pro tempore and the Canons relaxed while serving (Canons 5C(2), (3), D, E, F, G, and 6C)

See also

• Ohio BPC Op. 1990-005: Judge Suggesting Programs to a Local Bar Association
• Ohio BPC Op. 1987-009: Retired Judge on a Courthouse Restoration Committee Engaged in Fund-Raising
• Ohio BPC Op. 1987-013: Judge on a Governmental Hazardous Materials Task Force

Source

• Landing page: https://ohioadvop.org/advisory-opinion-index/
• Original PDF: https://www.ohioadvop.org/wp-content/uploads/2017/04/Op-90-008.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 90-8
Issued April 20, 1990
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.]

[Not Current- subsequent rule amendments to Canon 7, Ohio Code of Judicial Conduct]

SYLLABUS: A judge or judicial candidate shall not act as a leader or hold any office in a political organization under Canon 7 (A) (1) (a). A judge pro tempore is a person appointed to act temporarily as a judge. A judge pro tempore is not exempted from any Canon 7 provision. Therefore, a pro tempore judge may not act as a leader nor hold any office in a political organization.

OPINION: We have before us your request on whether a judge pro tempore may be a member of a political party's executive committee or a board of trustee's member of a political party's club. According to your request, as a pro tempore judge you sit on the municipal court bench one afternoon a week hearing specific types of cases.

Canon 7 (A) (1) (a) of the Code of Judicial Conduct states that a judge or judicial candidate should not act as a leader nor hold any office in a political organization. Compliance section B of the Code defines judge pro tempore as a person who is appointed temporarily as a judge. While acting as such, a judge pro tempore is not required to comply with Canon 5C (2), (3), D, E, F, and G, and Canon 6C. There is no exception from Canon 7 for a judge pro tempore.

Therefore, a judge, including a pro tempore judge or a judicial candidate is not permitted to hold office or act as leader in a political organization. In our view, membership in a political party's executive committee is not permitted. Membership as a trustee in a political party's club should also be avoided since it may be considered a leadership position in a political organization.

In conclusion, it is our opinion and you are so advised that a judge, a pro tempore judge, or a judicial candidate may not hold an office or act as a leader in a political organization.

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