Can an association of court employees charge vendors for booths or let vendors sponsor meals at its educational conference?

Currency note

This opinion was issued in 2005 and applies Ohio Ethics Law (R.C. Chapter 102) on the judicial side of the Board's advisory authority, predating Ohio's adoption of the current Ohio Code of Judicial Conduct (effective March 1, 2009). The statutes it construes may have been amended since 2005. Treat this page as historical context, not current guidance. Verify against current statutes and rules before relying on any specific provision mentioned here.

Plain-English summary

The Board addressed whether an association of judicial employees, the Ohio Association for Court Administration, may take vendor support at its educational conference. It concluded that the association may charge vendors a fee to set up a booth to display products or services of interest to members, and may permit vendors to sponsor a meal, reception, open house, or similar activity and discuss their products or services at that activity.

The Board attached a firm condition: there must be no strings attached to the vendor's support, in particular no overt or sub rosa agreements that a judicial employee will try to influence a court to use a vendor's products or services. The Board modified its earlier Opinion 92-14 to the same extent, so that an association of court referees and magistrates may likewise charge vendors for booths and permit vendor-sponsored activities at an educational conference under the same no-strings condition.

Common questions

Q: Can a court-employee association sell exhibit booths to vendors at its conference?

A: Yes. The opinion concluded the association may charge vendors a fee to set up a booth to display products or services of interest to members.

Q: Can vendors sponsor a conference meal and talk about their products?

A: Yes, with a condition. Per the opinion, vendors may sponsor a meal, reception, or similar activity and discuss their products, provided there are no strings attached and no agreement that an employee will steer a court to the vendor.

Background and rules framework

The opinion applies Ohio Ethics Law (R.C. Chapter 102) to a judicial-employee association's acceptance of vendor support, with the central concern being that no agreement, open or hidden, ties the support to influencing a court's purchasing. It is grounded in the same impartiality and impropriety concerns reflected in Canon 2 of the Code of Judicial Conduct, and it modified Opinion 92-14.

Citations and references

Statutes:

• Ohio Rev. Code Chapter 102 (Ohio Ethics Law)

Other opinions cited:

• Ohio Op. 92-14: modified by this opinion

See also

• Ohio BPC Op. 1998-010: Gifts to Judges (Country Club, Golf, Sports Tickets)
• Ohio BPC Op. 2002-010: Outside Employment of a Court Probation Officer by a Drivers' Intervention Program
• Ohio BPC Op. 1995-008: Judge Accepting a Waived Seminar Registration Fee

Source

• Landing page: https://ohioadvop.org/advisory-opinion-index/
• Original PDF: https://www.ohioadvop.org/wp-content/uploads/2017/04/Op-05-002.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
65 SOUTH FRONT STREET, 5TH FLOOR, COLUMBUS, OH 43215-3431
(614) 387-9370 (888) 664-8345 FAX: (614) 387-9379
www.sconet.state.oh.us

                                   OFFICE OF SECRETARY




                             OPINION 2005-2
                           Issued February 4, 2005

SYLLABUS: It is proper for an association of judicial employees (Ohio
Association for Court Administration) to charge vendors a fee to set up a booth at
the association’s educational conference to display products or services of interest
to members. And, it is proper for an association of judicial employees (Ohio
Association for Court Administration) to permit vendors to sponsor a meal,
reception, open house, or other similar activity at the association’s educational
conference and discuss their products or services at the meal, reception, open
house, or activity. Of course, there must be no strings attached to the vendor’s
support, in particular, no overt or sub rosa agreements that a judicial employee
will try to influence a court to use a vendor’s products or services.

Opinion 92-14 is modified to this extent: An association of court referees and
magistrates may charge vendors a fee to set up a booth at an educational
conference to display products or service of interest to members, and may permit
vendors to sponsor a meal, reception, open house, or other similar activity at an
educational conference and discuss their products or services at the meal,
reception, open house, or activity.

OPINION: This opinion addresses questions regarding vendors providing
support to educational conferences of a professional association whose
membership is largely judicial employees. The inquiry does not raise and the
opinion does not address support of educational conferences of a professional
association of judicial employees by lawyers or law firms or other persons
interested in matters before a court.

  1. Is it proper for an association of judicial employees (Ohio
     Association for Court Administration) to charge vendors a fee to
     set up a booth at the association’s educational conference to
     display products or services of interest to members?

  2. Is it proper for an association of judicial employees (Ohio
     Association for Court Administration) to permit vendors to
     sponsor a meal, reception, open house or similar activity at the
     association’s educational conference and to discuss the vendor’s
     product or service at the meal or activity?

Op. 2005-2 2

The Ohio Association for Court Administration (OACA) is a not-for-profit
corporation whose membership includes court managers, court administrators,
probation officers, and other persons who have administrative roles in Ohio
courts. Some members are non-attorneys, some are attorneys and some are
magistrates. Many of the members are judicial employees.

The OACA presents two educational conferences each year at various locations
throughout the state. The educational conferences are an opportune event for
vendors to promote, display, and discuss products and services either at booths
or through sponsorship of receptions, meals, open houses, or activities. Since the
association is made up of judicial employees, the OACA questions whether the
presence and support of vendors who may or may not do business with the court
is appropriate under Ohio Ethics Law.

Ohio Ethics Law

Judicial officers and employees are subject to the restrictions of Ohio Ethics Law.
The appropriate advisory body for Ohio Ethics Law matters relating to judicial
officers and judicial employees is the Board of Commissioners on Grievances and
Discipline. Ohio Rev.Code Ann. §§ 102.01(F)(2) and 102.08 (West 2002).

Ohio Ethics Law is set forth in Chapter 102 and related statutes 2921.42 and
2921.43 of the Ohio Revised Code. Pertinent to this opinion is Section 102.03
(D), (E), and (F). For purposes of Chapter 102, judicial officers and judicial
employees are “public officials and employees” and courts are “public agencies.”
Ohio Rev.Code Ann. §102.01(B) and (C) (West 2002).

Sections 102.03 (D) and (E) prohibit judicial officers and judicial employees from
using the judicial office or employment to secure, solicit, or accept a thing of
value that is such a character as to manifest a substantial or improper influence
with respect to the duties of the office or employment. Section 102.03 (F) is the
corollary provision prohibiting persons from giving such things to judicial
officers or judicial employees.

                             Section 102.03

  (D) No public official or employee shall use or authorize the use of
  the authority or influence of office or employment to secure
  anything of value or the promise or offer of anything of value that is
  of such a character as to manifest a substantial and improper
  influence upon the public official or employee with respect to that
  person's duties.

  (E) No public official or employee shall solicit or accept anything of
  value that is of such a character as to manifest a substantial and

Op. 2005-2 3

   improper influence upon the public official or employee with
   respect to that person's duties.

   (F) No person shall promise or give to a public official or employee
   anything of value that is of such a character as to manifest a
   substantial and improper influence upon the public official or
   employee with respect to that person's duties.

To invoke the restrictions of Section 102.03(D), (E), and (F): 1) there must be a
thing of value; and 2) the thing of value must be of such a character as to manifest
a substantial and improper influence with respect to official duties.

What is “anything of value?” “Anything of value” includes among other things,
money, goods, chattels, any interest in realty, a promise of future employment,
and every other thing of value. Ohio Rev. Code Ann. § 1.03 (West 2004) and §
102.01(G) (West 2002).

What is a “substantial” and “improper” influence? A thing of value that is more
than nominal or de minimis is a “substantial” influence. A thing of value from a
party interested in matters before, regulated by, or doing or seeking to do
business with the court is considered an “improper” influence.

Vendors who would be interested in setting up a booth at an OACA conference
are probably either doing or seeking to do business with a court. Vendors who
would be interested in providing the cost of a meal, reception, or open house at
an OACA conference are probably either doing or seeking to do business with a
court.

As to the facts presented, it is the Board’s view that there is no “giving” of
“anything of value” to a judicial officer or employee. The “giving” is to an
association, albeit, one comprised largely of judicial employees. But, this
distinction makes a difference. When a vendor promotes it products or services
by providing support to an association of judicial employees for an educational
conference, either by paying money to set up a booth or sponsoring a reception,
meal, open house, or other similar activity there is no substantial or improper
influence on any individual judicial officer or employee. In fact, allowing
promotion of products and services of interest to the court at an educational
conference of a professional association is, of itself, educational.

Just as the Board is the appropriate ethics body for judicial officers and
employees, the Ohio Ethics Commission is the appropriate ethics body for Ohio
Ethics Law matters relating to public officials and employees. Ohio Rev.Code
Ann. §§ 102.01(F)(3) and 102.08 (West 2002). In Ohio Ethics Commission
Opinion 2002-02, the ethics commission advised that within the parameter
discussed in the opinion, Ohio Ethics Law “does not prohibit a person from
underwriting the cost of a meal, reception, or open house, at a conference of an
association of public officials and employees, so long as the event is of an

Op. 2005-2 4

ordinary, routine character and all of the public officials and employees who
attend the conference are invited” and that the ethics laws “do not prohibit a
public official or employee from attending a meal, reception, or open house, at a
conference of an association of public officials and employees, sponsored by a
person, so long as the event is of an ordinary, routine character, and all of the
public official and employees who attend the conference are invited to attend the
meal, reception, or open house.”

In addressing these similar issues, the Ohio Ethics Commission and the Board of
Commissioners on Grievances and Discipline take slightly different approaches.
The Board’s approach is that there is no thing of value being given to an
individual judicial officer or employee and no substantial or improper influence
on any individual judicial officer or employee. The Ohio Ethics Commission’s
approach in Opinion 2002-02 is that although no public official or employee
would individually receive anything of substantial value, the meals, receptions,
and open houses are a substantial cost to the giver, but are generally not of such a
character as to manifest an improper influence on the public officials or
employees who accept the meal. To review the advice of the Ohio Ethics
Commission as to persons providing the cost of a meal, reception, or open house
at an educational or informational conference held by an association of public
officials and employees see Ohio Ethics Commission, Opinion 2002-02 (2002).

In conclusion, this Board advises it is proper for an association of judicial
employees (Ohio Association for Court Administration) to charge vendors a fee to
set up a booth at the association’s educational conference to display products or
services of interest to members. And, it is proper for an association of judicial
employees (Ohio Association for Court Administration) to permit vendors to
sponsor a meal, reception, open house, or other activity at the association’s
educational conference and discuss their products or services at the meal,
reception, open house, or similar activity. Of course, there must be no strings
attached to the vendor’s support, in particular, no overt or sub rosa agreements
that a judicial employee will try to influence a court to use a vendor’s products or
services.

Opinion 92-14 is modified to this extent: An association of court referees and
magistrates may charge vendors a fee to set up a booth at an educational
conference to display products or service of interest to members, and may permit
vendors to sponsor a meal, reception, open house, or other similar activity at an
educational conference and discuss their products or services at the meal,
reception, open house, or activity.

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

Op. 2005-2 5

of Professional Responsibility, the Code of Judicial Conduct, and the
Attorney’s Oath of Office. Pursuant to Section 102.08 of the Ohio
Revised Code, the requester may reasonably rely on the opinion as it
applies to Ohio Ethics Law and related statutes.