Ohio Board Advisory Opinion Op 88-006

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 88-6
Issued April 25, 1988
[Former CJC Opinion-provides advice under the former Ohio Code of Judicial Conduct which is superseded by the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: A retired judge who registers for referrals and submissions for service as a private
judge pursuant to Ohio Rev. Code §2701.10 is not ineligible for appointment by the Chief Justice
of the Ohio Supreme Court for a visiting judgeship pursuant to Ohio Const. art. IV §6(C).
OPINION: We have before us your request for an informal advisory opinion regarding retired
judges who register to serve as private judges pursuant to Ohio Rev. Code §2701.10 and their
ability to continue to be appointed as visiting judges by the Chief Justice of the Ohio Supreme
Court.
It is our opinion that retired judges who register for service as private judges are not
precluded from being appointed as visiting judges by the Supreme Court. Ohio Rev. Code
§2701.10(F) specifically states that service as a private judge does not affect and should not be
construed as affecting the provisions of §141.16 of the Revised Code. Section 141.16, which deals
with compensation of assigned retired judges, also states that a retired judge may be assigned to
active duty as a judge by the Chief Justice of the Ohio Supreme Court. Therefore, it is our belief
that the legislative intent was to allow retired judges to be eligible for both private and visiting
judgeships.
In your request you also ask whether a retired judge who registers for referrals as a private
judge would violate any provision of the Code of Judicial Conduct if he or she also sought
appointments as a visiting judge by the Supreme Court. We find nothing in the Code which would
prevent a retired judge from seeking both referrals for private judgeships and assignments for
visiting judgeships.

Op. 88-6 2
In conclusion, it is our opinion and you are so advised that a retired judge may ethically
make himself or herself available for both private judgeships under Ohio Rev. Code §2701.10 and
for visiting judgeships under Ohio Const. Art. IV §6(C).
This is an informal, non-binding advisory opinion based upon the facts as presented
and limited to questions arising under the Code of Judicial Conduct.