Ohio Board Advisory Opinion Op 87-014

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 87-014
[Withdrawn- by Opinion 98-3 on Apr. 3, 1998]
SYLLABUS: Referees are considered judges for purposes of complying with the Code of Judicial
Conduct. In this regard, part-time referees may not practice before the court division on which they
serve or before the judge or judges to whom they owe their appointment. However, part-time
referees serving the domestic relations division of common pleas court may practice law before
other judges in the general, probate and juvenile divisions of that court so long as they avoid the
appearance of impropriety.
TO: Judge Michael J. Voris
FROM: The Board of Commissioners on Grievances and Discipline of the Judiciary
DATE: June 22, 1987
We have before us your request for our informal advisory opinion on whether part-time
domestic relations referees may practice law in the general, probate and juvenile divisions of the
common pleas court.
At the outset, it should be stated that referees are officers of the judicial system performing
judicial functions and therefore are considered judges for the purposes of complying with the Code
of Judicial Conduct (the Code). Code of Judicial Conduct, Compliance Sec. (1982).

Op. 87-014 2
More specifically, part-time referees are considered part-time judges under Compliance
Section (A) of the Code which states in part: "[a] part-time judge: . . . should not practice law in
the court on which he serves or in any court subject to the appellate jurisdiction of the court on
which he serves . . ." Code of Judicial Conduct Compliance Sec. A (2) (1982). It is our opinion
that the language of Compliance Section A (2) allows part-time referees to practice in any court of
law except the specific division in which they serve as referee. However, a part-time referee may
not practice "in the court in which the judge or judges to whom the referee owes his appointment
presides." OSBA Formal Ethics Op. 34 (1981).
As previously stated, referees are considered judges and must comply with the Code of
Judicial Conduct as well as the Code of Professional Responsibility. Therefore, a referee must
avoid even the appearance of impropriety. Code of Judicial Conduct Canon 2 (1973), Model Code
of Professional Responsibility DR 9-101 (1985). Furthermore, a lawyer may not imply that he or
she is able to improperly influence any tribunal. Mode Code of Professional Responsibility DR 9-
101(c) (1985), Code of Judicial Conduct Canon 2(B) (1973).
In conclusion, it is our opinion, and you are so advised that part-time domestic relations
referees in a court of common pleas may practice law in other divisions of the court of common
pleas provided they do not practice before the judge to whom they owe their appointment and avoid
the appearance of any impropriety.
This opinion is advisory in nature, is based upon the facts as presented and is limited
to questions arising under the Code of Judicial Conduct.
James W. Mason, Esq.
Secretary
Board of Commissioners
on Grievances & Discipline
of the Judiciary