Ohio Board Advisory Opinion Op 93-009

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 93-9
Issued October 15, 1993
[Withdraw by the Board on December 8, 2017 and Replaced by Adv. Op. 2017-08]
[Former CJC Opinion-provides advice under the former Ohio Code of Judicial Conduct which is superseded by the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 Canons 1 through 6, Ohio Code of Judicial Conduct, eff. May 1, 1997.]
SYLLABUS: While the Ohio Code of Judicial Conduct does not prohibit a judge from
participating in a parade, the Board does not encourage such activity during a non-election year.
Before becoming involved in a parade, a judge must use discretion in determining whether
participation is appropriate, by making a case by-case consideration of Canons 2A, 2B, 5B, 5G, 7A
(3), 7A (5), and 7B (l) (a) and (c). Where the appropriateness of participation is questionable, it is
best to err on the side of prudence and refuse involvement in a parade.
OPINION: We have before us a request for an advisory opinion on whether judges may
participate in parades during non-election years. For purposes of this opinion a non-election year
refers to a year in which a judge is not a judicial candidate. As this issue has not previously been
considered by any state bar ethics committee, the question presented requires an original
interpretation of the Code of Judicial Conduct.
A parade is commonly defined as a "public procession on a ceremonial or festive occasion."
Webster's II New Riverside University Dictionary 851 (1984). As parades are sponsored by many
different organizations and for many different reasons, it is necessary to consider the
appropriateness of a judge's participation in parades by referring to Canons 2A, 2B, 5B, 5G 7A (3),
7A (5), and 7B (l) (a) and (c) of the Code of Judicial Conduct, which are set forth below.
Canon 2A provides that "[a] judge should respect and comply with the law and should conduct
himself [herself] at all times in a manner that promotes public confidence in the integrity and
impartiality of the judiciary." While Canon 2B states, in part, that a judge "should not lend the
prestige of his [her] office to advance the private interests of others."
Canon 5B provides as follows:
A judge may participate in civic and charitable activities that do not reflect
adversely upon his [her] impartiality or interfere with the performance of his [her]
judicial duties. A judge may serve as an officer, director, trustee, or non-legal
advisor of an

Op. 93-9 2
educational, religious, charitable, fraternal, or civic organization not conducted for
the economic or political advantage of its members, subject to the following
limitations:
(1) A judge should not serve if it is likely that the organization will be engaged in
proceedings that would ordinarily come before him [her] or will be regularly
engaged in adversary proceedings in any court.
(2)-(4) (omitted).
Canon 5G states that “[a] judge should not accept appointment to a governmental committee,
commission, or other position that is concerned with issues of fact or policy on matters other than
the improvement of the law, the legal system, or the administration of justice." Yet, Canon 5G
also provides that a judge "may represent his [her] country, state, or locality on ceremonial
occasions or in connection with historical, educational, and cultural activities."
Canon 7A(3) provides that “[a]n incumbent judge, or a candidate for judicial office, may attend
political gatherings and may identify himself or herself as a member of a political party." Canon
7A (5) states that "[a] judge should not engage in any other political activity except on behalf of
measures to improve the law, the legal system, or the administration of justice." Canon 7B (l) (a)
on campaign conduct states that “[a]n incumbent judge, or a candidate for judicial office: should
maintain the dignity appropriate to judicial office;" while Canon 7B (l) (c) states that a judge
"should not . . . announce his or her views on disputed legal or political issues."
In applying these ethical standards to the issue raised, the Board begins by noting that the express
language of the Code does not prohibit judicial participation in parades. Moreover, the language of
Canon 5G, permitting a judge to represent his or her country, state, or locality on ceremonial
occasions, implies that a judge may participate in some parades. However, the right to participate
is not absolute. A judge must consider several factors prior to any participation:
1) The type of organization that may sponsor a parade,
2) the reason the parade is being held, and
3) the extent to which a judge may participate in a parade.

Op. 93-9 3
First, before becoming involved in an organization's parade, a judge must consider the
appropriateness of his or her affiliation with the organization that is sponsoring the parade. The
Board, within the scope of this opinion, will not attempt to enumerate an inclusive list of
appropriate organizations. A judge, aided by the Canons, must use his or her own discretion to
decide whether affiliation with an organization is appropriate. Canon 5B provides assistance by
allowing a judge, to participate in certain activities that do, not reflect adversely upon a judge's
impartiality or interfere with his or her judicial duties, but by limiting in 5B(l) a judge's association
with an organization that is likely to come before, him or her, or that is regularly engaged in
proceedings in any court.
Once a judge determines that it is permissible to be associated with the organization sponsoring the
parade, he or she must then determine whether the reason for the parade is appropriate for
participation by a judicial officer. As stated above, Canon 5G permits a judge to participate in
ceremonial activities or historical, educational, and cultural activities, which are public events. As
to other types of parades, a judge must consider whether, under Canon 2(B), he or she would be
lending the prestige of the judicial office to advance the private interests or causes of the
sponsoring organization. Also, under Canons 2A and 2B and Canon 7B (l) (c) a judge must
consider whether participation in the parade would have the primary purpose of promoting any
disputed legal or political issues of the sponsoring organization. A judge must always conduct
himself or herself in a manner that would uphold the integrity and more importantly the impartiality
of the judiciary.
The next factor to be considered is the extent to which a judge may participate in any parade. A
judge who merely marches anonymously with the general public in a parade, will not have the
same extensive ethical considerations as one who is the focal point in a parade. A judge who is in
the heart of a parade must always be careful to uphold the integrity of the judiciary and act in a
dignified manner, as required by Canon 2A and Canon 7B (l) (a).

Op. 93-9 4
Lastly, the Board notes that since judges are elected in Ohio, a judicial candidate or incumbent
judge must be permitted to campaign. As participation in a parade may be an extension of
campaigning, there is no doubt that appearing in certain parades during an election year is
acceptable behavior, so long as the judge is conscious of the ethical considerations above. Further,
during an election year, Canon 7A(3), which permits a judicial candidate or incumbent judge to
attend political gatherings, would by application allow the candidate to participate in political
parades. Outside an election year, Canon 7A(5) would prohibit a judge from participating in any
political activities that are not meant to improve the law, legal system, or administration of justice,
and would therefore strictly prohibit participation in political parades.
In conclusion, while the Ohio Code of Judicial Conduct does not prohibit a judge from participating
in a parade, the Board does not encourage such activity during a non-election year. Before
becoming involved in a parade, a judge must use discretion in determining whether participation is
appropriate, by making a case-by-case consideration of Canons 2A, 2B, 5B, 5G, 7A(3), 7A(5), and
7B (l) (a) and (c). Where the appropriateness of participation is questionable, it is best to err on the
side of prudence and refuse involvement in a parade.
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.