Op 98-008•Ohio Board Advisory Opinion Op 98-008
Gesamter Gesetzestext
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3370, COLUMBUS, OH 43215-6105 (614) 644-5800 FAX: (614) 644-5804 OFFICE OF SECRETARY OPINION 98-8 Issued June 5, 1998 Withdrawn by Adv. Op. 2022-02 [Former CJC Opinion-provides advice under the former Ohio Code of Judicial Conduct which is superseded by the Ohio Code of Judicial Conduct, eff. 3/1/2009.]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: It is improper under Canon 7(B)(2) of the Ohio Code of Judicial Conduct for a full-time judge, part-time judge, full-time magistrate, part-time magistrate, or judge pro tempore to serve as a member of a state or county executive committee of a political party. It is improper under Canon 7(B)(2) of the Ohio Code of Judicial Conduct for a full-time judge, part-time judge, full-time magistrate, part-time magistrate, or judge pro tempore to serve as a member of a county board of elections. OPINION: This opinion addresses whether it is proper under the Ohio Code of Judicial Conduct for a judge, magistrate or judge pro tempore to serve as a member of a state or county executive committee of a political party or as a member of a county board of elections. 1. Is it proper under the Ohio Code of Judicial Conduct for a full-time judge, part-time judge, full-time magistrate, part-time magistrate, or judge pro tempore to serve as a member of a state or county executive committee of a political party? 2. Is it proper under the Ohio Code of Judicial Conduct for a full-time judge, part-time judge, full-time magistrate, part-time magistrate, or judge pro tempore to serve as a member of a county board of elections? Introduction Full-time judges, part-time judges, full-time magistrates, part-time magistrates, and judges pro tempore are all subject to Canon 7 of the Ohio Code of Judicial Conduct. The section on Compliance With the Code of Judicial Conduct makes Canon 7 binding on all of these judicial officers without exception. Pertinent to this opinion is Canon 7(B)(2)(a) which prohibits those subject to it from acting as a leader in a political organization.
Op. 98-8 2 Canon 7(B) Political and Campaign Conduct in General. (2) A judge or judicial candidate shall not do any of the following: (a) Act as a leader or hold any office in a political organization; (b)-(g) (omitted). Question One In Opinion 90-08 the Board advised that “membership [by a judge, judge pro tempore, or a judicial candidate] in a political party’s executive committee is not permitted.” The Board reaffirms that view. Serving as a member of a state or county executive committee of a political party is considered acting as a leader in a political party. The controlling committees of each major political party are the state central committee and the county central committee. Members of the controlling committees are elected at primary elections. Each controlling committee then elects executive committee members. The executive committee members have the powers granted to them by the party controlling committee and as provided by law. See Ohio Revised Code Ann. §§ 3517.02, 3517.03 (Baldwin 1995). Positions of membership on the state and country central committee and the state and county executive committee are leadership positions in a political party. Therefore, in answer to Question One, it is improper under Canon 7(B)(2) of the Ohio Code of Judicial Conduct for a full-time judge, part-time judge, full-time magistrate, part-time magistrate, or judge pro tempore to serve as a member of a state or county executive committee of a political party. Question Two Boards of elections are bi-partisan boards. Two members of a four member county board are appointed in each even numbered year. One appointment is from the political party which cast the highest number of votes for the office of governor at the most recent regular state election. The other is from the political party which cast the next highest number of votes. See Ohio Rev. Code Ann § 3501.06 (Baldwin Supp. 1998). Members of boards of elections are appointed by the secretary of state. The county executive committee of the major political party entitled to the appointment makes and files a recommendation with the secretary of state for the appointment. The secretary of state is required by law to appoint the elector recommended by the county executive committee, unless the secretary of state believes that the elector would not be a competent member of the board of elections. See Ohio Rev. Code Ann. §§ 3501.05, 3501.06 (Baldwin Supp.1998) § 3501.07 (Baldwin 1995).
Op. 98-8 3 Duties of the board of elections include, inter alia: conducting elections, dividing political subdivisions into election precincts; establishing and rearranging election precincts; appointing and removing election officers; making and issuing rules and instructions necessary for the guidance of election officers and voters; reviewing and certifying petitions and nomination papers; receiving the returns of elections; issuing certificates of election to the secretary of state; investigating irregularities or violations by election officers and other persons; administering oaths in matters pertaining to the administration of the election laws; maintaining voter registration records; removing ineligible electors from voter registration lists; giving approval to ballot language on any local question or issue for final approval by the secretary of state. See Ohio Revised Code §§ 3501.11, 3501.18, 3501.22 (Baldwin Supp. 1998). In conducting these activities, members of boards of election act as leaders in their political parties. This is by virtue of the nature of the activities as well as the nature of the appointment process, including the role played by the political party county executive committee in making the recommendation for appointment to the secretary of state. The campaign of every elected official and every candidate for elected office, except for statewide candidates, is subject to the jurisdiction of the county board of elections. In fulfilling their roles on the boards of elections, the members are acting as leaders in a political party. The Board is cognizant that the Ohio Attorney General advised that “the positions of part-time domestic relations magistrate in the court of common pleas and member of the county board of elections are compatible.” OAG Op. 96-062 (1996). That opinion is a determination of the compatibility of two public offices or positions under Ohio’s Constitution and statutes. The Attorney General deferred to this Board as to the applicability of the Ohio Code of Judicial Conduct. Positions of membership on a county board of elections are leadership positions in a political party. Therefore, it is improper under Canon 7(B)(2) of the Ohio Code of Judicial Conduct for a full-time judge, part-time judge, full-time magistrate, part-time magistrate, or judge pro tempore to serve as a member of a county board of elections 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.
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