Ohio Board Advisory Opinion Op 87-049

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 87-049
December 18, 1987
[Former CJC Opinion-provides advice under the former Ohio Code of Judicial Conduct which is superseded by the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: An "acting judge," as referred to in the Ohio Revised Code Sec. 1901.10(A), must
comply with the Code of Judicial Conduct while acting as judge, except for Canon 5C(2), (3), D, E,
F, and G, and Canon 6C. One who has been an acting judge should not act as a lawyer in a
proceeding in which he or she served as a judge or in any other related proceeding.
OPINION: We have before us your request for our opinion on whether you, as an "acting judge"
under Ohio Rev. Code Sec. 1901.10(A), are required to comply with the Code of Judicial Conduct.
While serving as an acting judge, you are required to comply with the Code, except for Canon 5C
(2) (3), D, E, F, G, and Canon 6C. Code of Judicial Conduct Compliance Sec. B(l). Thus, your

Op 87-049 2
compliance with those Code provisions not specifically excluded in the compliance section is
required during the period while you are actually serving as judge.
By definition, the term, "judge pro tempore," as used in the compliance section of the Code
of Judicial Conduct is synonymous with the term "acting judge" as referred to in the Ohio Revised
Code Sec. 1901.10(A).
One who has been an acting judge is prohibited from serving as a lawyer in a proceeding in
which he served as a judge or in any other related proceeding. Code of Judicial Conduct
Compliance Sec. B(2).
In conclusion, it is our opinion, and you are so advised, that an acting judge must comply
with the Code of Judicial Conduct only while acting as a judge, except for Canons 5C (2) (3), D, E,
F, G and 6C.
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.
James W. Mason, Esq.
Secretary, Board of Commissioners
on Grievances and Discipline