Ohio Board Advisory Opinion Op 98-008

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Withdrawn by Adv.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superseded by the Ohio Code of Judicial Conduct, eff. 3/1/2009.]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.