Can a magistrate running for judge use a robe photo and the title 'magistrate' in campaign materials, and how may campaign funds be used at political events?

Currency note

This opinion was issued in 2003 under the former Ohio Code of Judicial Conduct, which the Board flagged as superseded by the Ohio Code of Judicial Conduct effective March 1, 2009. The Canon 7 campaign-conduct and campaign-finance provisions discussed here have been renumbered and revised in the current Code. Treat this page as historical context, not current guidance. Verify against the current Ohio Code of Judicial Conduct before relying on any specific rule or limit mentioned here.

Plain-English summary

The Board answered several questions about how a magistrate who is a judicial candidate may present himself or herself and spend funds in a campaign. It concluded that the magistrate may appear in a judicial robe in a photograph used in campaign advertising if the photograph carries an accurate label identifying the person as a magistrate of the court on which he or she serves. The Board withdrew its earlier Opinion 96-8 (1996) in connection with this guidance. The magistrate may also use the title "magistrate" when listed as a contributor in a political party's dinner program.

The Board then mapped the Canon 7(C) rules on funding attendance at social or fund-raising political events. A judge, magistrate, or judicial candidate may use personal funds to attend such gatherings, with no Canon 7 restriction. Campaign funds may be used to attend a social or fund-raising event held by or on behalf of another public official or candidate, but may not be used in support of or opposition to a candidate for any public office other than the office the judge, magistrate, or candidate is seeking. Campaign funds may be used to contribute to a political party or to attend party-sponsored events so long as the funds are spent for the purposes identified in R.C. 3517.18(A).

Common questions

Q: Can a magistrate running for judge use a photo of themselves in a robe?

A: Yes. The opinion concluded the robe photo is permissible in campaign advertising if it carries an accurate label identifying the person as a magistrate of the court served.

Q: Can a magistrate use the title "magistrate" in a party dinner program?

A: Yes. Per the opinion, a magistrate may use the title "magistrate" when listed as a contributor in a political party's dinner program.

Q: Can a magistrate use campaign funds to attend political events?

A: Sometimes. The opinion concluded campaign funds may go to events held by or for another official or candidate and to party-sponsored events for R.C. 3517.18(A) purposes, but not to support or oppose a candidate for an office other than the one the magistrate is seeking; personal funds may always be used.

Background and rules framework

The opinion interprets Canon 7 of the former Ohio Code of Judicial Conduct, governing the political and campaign activity of judges, magistrates, and judicial candidates, including Canon 7(B) (campaign conduct) and Canon 7(C) (campaign finance and use of funds), read with R.C. 3517.18(A) on permissible political-party expenditures. These provisions appear, renumbered and revised, in the current Ohio Code of Judicial Conduct.

Citations and references

Rules of Judicial Conduct:

• Former Ohio Code of Judicial Conduct Canon 7(B), Canon 7(C)

Statutes:

• Ohio Rev. Code 3517.18(A)

Other opinions cited:

• Ohio Op. 96-8 (1996): withdrawn by this opinion

See also

• Ohio BPC Op. 2002-013: Magistrate Campaign Activities on Behalf of the Appointing Judge
• Ohio BPC Op. 1992-016: Referee Using Title in Judicial Campaign Advertising
• Ohio BPC Op. 1988-017: Judicial Campaign Political Contributions

Source

• Landing page: https://ohioadvop.org/advisory-opinion-index/
• Original PDF: https://www.ohioadvop.org/wp-content/uploads/2017/04/Op-03-008.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 2320, COLUMBUS, OH 43215-6104
(614) 644-5800 (888) 664-8345 FAX: (614) 644-5804
www.sconet.state.oh.us
OFFICE OF SECRETARY
OPINION 2003-8
Issued December 5, 2003

[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: A magistrate who is a judicial candidate may appear in a judicial robe in a
photograph used in campaign advertising if the photograph has an accurate label
identifying himself or herself as a magistrate of the court on which he or she serves.
Opinion 96-8 (1996) is withdrawn.

A magistrate may use the title “magistrate” when listed as a contributor in a dinner
program of a political party. The use of funds to attend social or fund-raising political
events must comply with the following requirements of Canon 7(C) of the Ohio Code of
Judicial Conduct.

A judge, magistrate, or judicial candidate may use personal funds to attend social or
fund-raising political gatherings. [There is no restriction in Canon 7].

A judge, magistrate, or judicial candidate may use campaign funds to attend a social or
fund-raising event held by or on behalf of another public official or candidate for public
office. [Canon 7(C)(7)(b)].

A judge, magistrate, or judicial candidate may not use campaign funds in support of or
opposition to a candidate for public office, other than the public office to which the
judge, magistrate, or judicial candidate is seeking election. [Canon 7(C)(7)(b)].

A judge, magistrate, or judicial candidate may use campaign funds to contribute to a
political party or to attend events sponsored by a political party, so long as the funds are
used for the purposes identified in R.C. 3517.18(A) (to defray operating and maintenance
costs of the political party headquarters; to organize voter registration programs and get-
out-the vote campaigns; to administer party fund-raising drives; to pay for advertisements
sponsored jointly by two or more qualified political parties to publicize the Ohio political
party fund and to encourage support of the income tax checkoff program; to direct mail
campaigns or other communications with registered voters of a party that are not related
to any particular candidate or election; to prepare reports required by law). [Canon
7(C)(7)(c)].

A judge, magistrate, or judicial candidate may not use campaign funds to attend events
sponsored by a political party, if the funds are used for the purposes identified in R.C.
3517.18(B) (to further the election or defeat of any particular candidate or to influence

Op. 2003-8 2

directly the outcome of any candidate or issue election; to pay party debts incurred as the
result of any election; to make a payment clearly in excess of the market value of that
which is received for the payment). [Canon 7(C)(7)(c)].

A judge, magistrate, or judicial candidate may not participate in or use campaign funds
for a judicial fund-raising event that categorizes or identifies participants by the amount
of the contribution made to the event. [Canon 7(C)(3)].

OPINION: This opinion addresses whether a magistrate who is a judicial candidate may
wear a judicial robe in campaign advertising and use the title “magistrate” when listed as
contributor in the dinner program of a political party. The opinion discusses the
requirements of Canon 7 as to the proper use of campaign and personal funds by judges,
magistrates, and judicial candidates to attend social or fund-raising political events.

   1. Is it proper for a judicial candidate who is an appointed magistrate to
      appear in a judicial robe in a photograph used in campaign
      advertising?

   2. Is it proper for a judicial candidate who is an appointed magistrate to
      use the title “magistrate” when listed as a contributor in a dinner
      program of a political party?

Question One

   Is it proper for a judicial candidate who is an appointed magistrate to
   appear in a judicial robe in a photograph used in campaign advertising?

The requester is one of two magistrates in a domestic relations court. According to the
requester, both magistrates wear judicial robes in all hearings.

Magistrates perform judicial functions and are subject to the Ohio Code of Judicial
Conduct. See Compliance Section, Ohio Code of Judicial Conduct.

In Opinion 96-8, this Board advised that it is improper for a judicial candidate who is a
magistrate to wear a judicial robe in a judicial campaign advertisement. Ohio SupCt, Bd
of Grievances and Discipline, Op. 96-8 (1996). The Board’s opinion was based on its
interpretation of the requirements of Canon 7(B)(2)(f) that there not be a knowing
misrepresentation of identity, qualifications, present position, or other fact.

   Canon 7(B)(2)(f) of the Ohio Code of Judicial Conduct explicitly
   establishes that a judicial candidate should not “[k]nowingly misrepresent
   his or her identity, qualifications, present position, or other fact.” By
   allowing a magistrate, who is a judicial candidate, to wear a judicial robe
   in campaign advertisements a viewer may be led to a false impression that
   the candidate is an experienced incumbent judge. Such a campaign
   advertisement in which a magistrate appears in a judicial robe

Op. 2003-8 3

   misrepresents not only the present position of the magistrate, but also the
   qualifications of the candidate for the office of judge.

Ohio Sup Ct, Bd Comm’rs on Grievances and Discipline, Op. 96-8 (1996).

The Board now relinquishes that view. There is no requirement in the Code that a judge
or a magistrate wear, or not wear, a judicial robe. By tradition, judges wear judicial robes
in the courtroom. Now, some magistrates also choose to wear judicial robes in courtroom
proceedings.

If a magistrate who is a judicial candidate accurately labels a photograph in a judicial
campaign advertisement with a true statement identifying himself or herself as
“magistrate” of a particular court, the public will not be misled as to the candidate’s
qualifications or present position.

Thus, the Board advises as follows. A magistrate who is a judicial candidate may appear
in a judicial robe in a photograph used in campaign advertising if the photograph has an
accurate label identifying himself or herself as a magistrate of the court on which he or
she serves. Opinion 96-8 (1996) is withdrawn.

Question Two

   Is it proper for a judicial candidate who is an appointed magistrate to use
   the title “magistrate” when listed as a contributor in a dinner program of a
   political party?

Magistrates, judges, and judicial candidates may attend political gatherings. See Canon
7(B)(3). Political gatherings include dinner parties of a political party. A dinner party of
a political party might be a fund-raising event for the political party, a fund-raising event
for judicial or political candidates, or a non-fund-raising social event for party members.

Nothing in the Ohio Code of Judicial Conduct prohibits the use of the title “magistrate”
in the listing of contributors in a dinner program of a political party. But, whenever there
is a “price” attached to attendance at a political gathering, Canon 7(C) restrictions on use
of judicial campaign funds must be followed.

Thus, the Board advises as follows. A magistrate may use the title “magistrate” when
listed as a contributor in a dinner program of a political party. The use of funds to attend
social or fund-raising political events must comply with the following requirements of
Canon 7(C) of the Ohio Code of Judicial Conduct.

A judge, magistrate, or judicial candidate may use personal funds to attend social or
fund-raising political gatherings. [There is no restriction in Canon 7].

Op. 2003-8 4

A judge, magistrate, or judicial candidate may use campaign funds to attend a social or
fund-raising event held by or on behalf of another public official or candidate for public
office. [Canon 7(C)(7)(b)].

A judge, magistrate, or judicial candidate may not use campaign funds in support of or
opposition to a candidate for public office, other than the public office to which the
judge, magistrate, or judicial candidate is seeking election. [Canon 7(C)(7)(b)].

A judge, magistrate, or judicial candidate may use campaign funds to contribute to a
political party or to attend events sponsored by a political party, so long as the funds are
used for the purposes identified in R.C. 3517.18(A) (to defray operating and maintenance
costs of the political party headquarters; to organize voter registration programs and get-
out-the vote campaigns; to administer party fund-raising drives; to pay for advertisements
sponsored jointly by two or more qualified political parties to publicize the Ohio political
party fund and to encourage support of the income tax checkoff program; to direct mail
campaigns or other communications with registered voters of a party that are not related
to any particular candidate or election; to prepare reports required by law). [Canon
7(C)(7)(c)].

A judge, magistrate, or judicial candidate may not use campaign funds to attend events
sponsored by a political party, if the funds are used for the purposes identified in R.C.
3517.18(B) (to further the election or defeat of any particular candidate or to influence
directly the outcome of any candidate or issue election; to pay party debts incurred as the
result of any election; to make a payment clearly in excess of the market value of that
which is received for the payment) [Canon 7(C)(7)(c)].

A judge, magistrate, or judicial candidate may not participate in or use campaign funds
for a judicial fund-raising event that categorizes or identifies participants by the amount
of the contribution made to the event [Canon 7(C)(3)].

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.