Ohio Board of Professional Conduct Ethics Opinions
Free plain-English summaries of legal ethics opinions issued by the Ohio Board of Professional Conduct, with full citations and source links on every page.
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Can a lawyer reveal in an affidavit of disqualification that a disciplinary grievance was filed against the judge?
No. Under Ohio Gov.Bar R. V(8) a lawyer may not disclose in an affidavit of disqualification that the lawyer or client filed a grievance against the judge unless the Board has certified it as a formal…
Must an Ohio judge recuse when a lawyer appearing before them is the judge's campaign opponent?
No, not automatically. A judge need not recuse merely because a lawyer before the judge is the judge's current or former campaign opponent; recusal is required only if, on the facts, the judge's impar…
Must an Ohio judge recuse when a party's lawyer is also representing the judge in another matter?
Yes, absent a waiver. A judge must recuse from a case where a party is represented by a lawyer who is concurrently representing the judge in another matter, whether personal or official; the duty does…
Must an Ohio judge recuse when a lawyer employed by, associated with, or in partnership with the judge's spouse appears before the judge?
Not automatically. Disqualification depends case-by-case on whether the judge's impartiality might reasonably be questioned and whether the spouse has more than a de minimis interest that could be sub…
Can a judge attend a law-enforcement training course that is open only to judges, prosecutors, and police?
No. The opinion concludes a judge should not attend a training course offered by a law enforcement agency and open exclusively to judges, prosecutors, and law enforcement, because it threatens the jud…
Can an Ohio judge teach a course or give a speech, and accept pay or expense reimbursement for it?
The opinion concludes a judge may teach a course or CLE and accept compensation and expense reimbursement, and may give a speech with expense reimbursement but not compensation, because the Ohio Ethic…
Can a new judge accept outstanding fees from a former law firm, and must the judge recuse from cases where that firm appears?
The opinion concludes a judge may accept fees earned for legal services performed before taking office, but must recuse from cases in which the former firm appears while the judge is receiving or anti…
Can a probate court magistrate also serve as an eldercare coordinator for the same court?
The opinion concludes that a probate court magistrate may not also serve as an eldercare coordinator for the same court. Eldercare coordination is an extrajudicial activity not authorized by law, it e…
Can a court hire someone who also works for a nonprofit treatment center under contract with the court, and can court staff fundraise for that nonprofit?
The opinion concluded that, under the Ohio Ethics Law, a court may not employ a person simultaneously employed by a nonprofit drug treatment center that contracts with the court, unless a statutory ex…
Can an Ohio judge refuse to perform same-sex marriages while still performing opposite-sex ones?
The opinion concluded that a judge who performs civil marriages may not refuse to marry same-sex couples while continuing to marry opposite-sex couples, and may not stop performing all marriages in or…
Does an Ohio judge have to step aside from a case when one of the lawyers is working on the judge's election campaign?
The opinion concluded that a lawyer's mere participation in a judge's current election campaign does not require the judge to disqualify, but disqualification is warranted for at least the campaign fu…
Can an Ohio judge be social media 'friends' with a lawyer who appears before the judge?
The opinion concluded that a judge may be a social networking 'friend' with a lawyer who appears as counsel before the judge, but must use the site carefully to comply with the Ohio Code of Judicial C…
Can a new judge keep collecting accounts receivable and retirement benefits from a former law firm, and what disqualification follows?
The opinion concluded that a new judge may receive accounts receivable for legal work done before taking office and retirement benefits under a firm agreement, but must disqualify from any case in whi…
Can an Ohio judge or magistrate accept appointment as a trustee on the board of a county community college?
The opinion concluded that under the former Ohio Code of Judicial Conduct a judge or magistrate could not accept appointment as a trustee of a county community college, because Canon 4(C)(2) barred ap…
Can a full-time Ohio judge or magistrate run a side business, such as delivering newspapers or driving a delivery vehicle?
The opinion concluded that under the former Ohio Code of Judicial Conduct a full-time judge or magistrate could engage in outside business only within three narrow exceptions (managing family investme…
Can an Ohio judge accept an honorary country club membership, a round of golf, or a ticket to a sports event, and does the judge have to report it?
The opinion concluded that under the former Ohio Code of Judicial Conduct and Ohio Ethics Law a judge could accept these gifts only if the donor was not a party or interest before the judge, and that …
Can a part-time magistrate, or the magistrate's law partners, practice law in the same court where the magistrate serves?
The opinion concluded that a part-time common pleas or municipal magistrate may not practice law in the court the magistrate serves or where the appointing judge serves, but the magistrate's partners …
Can a lawyer state in an affidavit to disqualify a judge that the lawyer has filed a disciplinary grievance against that judge?
The opinion concluded that a lawyer may not state in an affidavit of disqualification that the lawyer filed a disciplinary grievance against the judge when the grievance has not been certified as a fo…
Can a full-time judicial law clerk also practice law part-time, and how does it affect the judge's cases and appointments?
The opinion concluded that if a court permits a judicial law clerk to practice law part-time, the clerk may not represent clients in matters before the judge served or before other judges in the same …
Must a new Ohio judge recuse from cases argued by a former law partner while still collecting the old firm's accounts receivable?
The opinion concluded that a newly elected judge should disqualify from cases advocated by a former law partner while receiving income from the former partnership's accounts receivable; no fixed time …
Can an Ohio judge appoint a lawyer who is employed by the judge's adult child, and must the judge then recuse?
The opinion concluded that a probate or juvenile judge may appoint an attorney who works as an associate for the judge's son if the appointment is merit-based and the son is not entitled to a share of…
Does an Ohio judge have to recuse when a lawyer who chairs the judge's campaign committee appears before the judge?
The opinion concluded that a judge is not required to disqualify when a lawyer who is the judge's campaign committee co-chairperson, or members of that lawyer's firm, appear before the judge, but sugg…
Must a part-time referee step aside when a lawyer the referee co-counsels with in private practice appears before the referee?
The opinion concluded that a part-time referee should disqualify when a party is represented by an attorney (or that attorney's partner or associate) with whom the referee co-counsels on unrelated pri…
Does a judge have to step aside from a case where a bank is a party if the judge owns a small amount of that bank's stock in a retirement plan?
The opinion concluded that a judge's ownership of bank stock is a financial interest requiring disqualification under Canon 3 C(1)(c) when the bank is a party, even where the stock is held in a retire…
Must a judge step aside when a doctor or counselor who treats the judge or the judge's spouse testifies as a significant witness?
The opinion concluded that disqualification is not automatically required when a health care professional who treats the judge or the judge's spouse appears as a significant witness, but a judge shoul…
Must a judge step aside when a lawyer in the case works with the judge's spouse, or rents office space from the judge?
The opinion concluded that disqualification is not automatic when a lawyer in a proceeding is employed by, associated with, or in partnership with the judge's spouse; it turns case by case on whether …
Can a part-time county court judge represent a criminal defendant in another county's court, even one who previously appeared before the judge?
The opinion concluded that, under appropriate circumstances, a part-time county court judge may represent a defendant on a traffic charge pending in a municipal court of another county, and that repre…
Must a probate judge disqualify from an uncontested estate when one of the lawyers is related to the judge within the third degree?
The Board concluded that under Canon 3C(1)(d)(ii) a judge must disqualify when a lawyer in the proceeding is related to the judge or the judge's spouse within the third degree, and that a probate judg…
Must an Ohio judge who is a party in a lawsuit recuse from cases where a litigant is represented by the judge's own attorney?
The Board concluded that a judge who is personally a party in litigation must recuse from any case where a litigant is represented by the judge's own attorney, at least while the attorney-client relat…
If a judge files a disciplinary complaint against a lawyer, is the judge disqualified from that lawyer's cases, and must the lawyer's clients be told?
The Board concluded that a judge has a duty under Canon 3(B)(3) and DR 1-103 to report lawyer misconduct, and that filing a disciplinary complaint against a lawyer does not, by itself, disqualify the …
Can a probate judge serve on a community mental health board after a new law routes mental-health referrals through that board?
The Board concluded that, because a 1989 amendment to Ohio Rev. Code Ch. 5122 directs probate courts to refer mentally ill persons to community mental health boards, a probate judge or anyone performi…
Must a judge disqualify in cases involving the police department that employs the judge's spouse?
The Board concluded that a judge must disqualify when the judge's police-officer spouse is likely to be a material witness in a proceeding (Canon 3C(1)(d)(iv)), subject to remittal under Canon 3D, but…
Must a new judge give up shares in the law firm or legal professional association the judge came from, even if the shares earn no income?
The Board concluded that a judge who keeps any interest in a former legal professional association, even through a trust producing no income, creates the appearance of impropriety and risks frequent d…
Must a judge disqualify when the lawyer in the case is the judge's brother-in-law, and can the parties waive it?
The Board concluded that a judge must disqualify from any proceeding in which a person within the third degree of relationship appears as a party or lawyer, which includes a spouse's brother, but may …
Can an Ohio judge serve on the board of trustees of a college or university?
The Board concluded that a judge may serve as a trustee of a college or university, with two limits: the judge should not serve if the institution is likely to appear before the judge or to be regular…
Could an acting judge appointed by a municipal court judge hear cases in which the appointing judge's son appeared as a lawyer for one of the parties?
The Board concluded that an acting judge appointed by a municipal court judge should disqualify from any proceeding in which the acting judge's impartiality might reasonably be questioned, including c…
Could a municipal court judge serve as a trustee of a retirement plan for the lay employees of a local Catholic Diocese?
The Board concluded that a municipal court judge could serve as a trustee of a retirement plan for the lay employees of a local Catholic Diocese, because former Canon 5B permitted a judge to serve as …
Under the former Ohio Code of Judicial Conduct, could a part-time juvenile division referee practice in the probate division of the same common pleas court before the judge who appointed him, and could the referee's firm members appear in either division?
The Board concluded that the part-time referee could not practice in his own division (Juvenile) nor before the judge who appointed him in any court; firm members could not appear before their colleag…
Under the former Ohio Code of Judicial Conduct and former R.C. 1907.16, could a county court judge appear as a lawyer in other geographic divisions of the same county court, and could the judge's law partners, shareholders, and office-mates appear in any division of that court?
The Board concluded that under R.C. 1907.16 a county court judge was disqualified from practicing law only as to matters pending or originating in that county court during the term of office; the judg…
Under the former Ohio Code of Judicial Conduct, what disqualifications applied when a common pleas judge sought to appoint as full-time domestic relations referee a former Bureau of Support prosecutor whose lawyer husband appeared locally?
The Board concluded that the common pleas judge should disqualify under Canon 3C(1) when the referee's husband or members of his firm appeared if impartiality might reasonably be questioned; the refer…
Under the former Ohio Code of Judicial Conduct, could the spouse of a common pleas judge serve as a prosecuting attorney in the same county, and was the judge required to disqualify from all cases prosecuted by that office?
The Board concluded that the judge's spouse could not appear as counsel in the judge's courtroom (Canon 3C(1)(d)(ii)) but could appear before other judges in the county; the disqualification of one pr…
Under the former Ohio Code of Judicial Conduct, was an incumbent judge automatically disqualified from hearing cases in which an election opponent, or members of the opponent's law firm, represented one of the parties?
The Board concluded that the incumbent judge was not automatically disqualified; under former Canon 3C(1) the judge should disqualify himself only when his impartiality might reasonably be questioned,…
Under the former Ohio Code of Judicial Conduct, could a son who was a law partner of a part-time municipal court judge serve as city law director and prosecute all city matters in his father's court?
The Board concluded that a conflict of interest existed both because of the father-son relationship and because the two men were law partners; under former Compliance Section A(2) a part-time judge's …
Under the former Ohio Code of Judicial Conduct, could a probate-juvenile judge serve on the board of trustees of a not-for-profit fund-raising foundation whose proceeds went to agencies that appeared in the judge's court?
The Board concluded that the judge could serve only if the membership avoided fund-raising solicitation, did not lend the judge's name or office to solicitation, and did not interfere with the judge's…
Browse Ohio Board of Professional Conduct opinions by topic
Legal ethics opinions from the Ohio Board of Professional Conduct interpret the rules of professional conduct for working lawyers, in response to inquiries from members and committees. They are not binding like court discipline decisions, but courts and discipline boards treat formal opinions as substantial guidance on how the rules apply. Every opinion above has a plain-English question and short answer, plus a link to the original source on the bar's site.