Ohio Board Advisory Opinion Op 90-005

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 90-5
Issued April 20, 1990
[Former CJC Opinion-provides advice under the former Ohio Code of Judicial Conduct which is superseded by the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: A judge is permitted to suggest to the local bar association programs or interests the
bar may wish to pursue. However, a judge should not use his or her position to obtain any special
favors from the bar association which would create an appearance of impropriety.
OPINION: We have before us your request for an advisory opinion on whether a judge would be
creating any appearance of impropriety by asking the local bar association whether they will assist
in an upcoming program. The program centers around a convention for judges being held in that
particular county.
In our view, a judge may suggest that a local bar association become involved in a program relating
to the law, the legal system or the administration of justice. See, Code of Judicial Conduct, Canon
4. A judge should not exert undue pressure on the Bar Association which could be considered as
lending the prestige of the judge's office to advance the interests of others. Code of Judicial
Conduct, Canon 2B.
Judges are encouraged to participate in bar activities as a means of keeping them in contact with the
world around them and as a way of making the judicial expertise available in the ever-continuing
effort to improve the law. Thode, Reporter's Notes to the Code of Judicial Conduct, 76 (1973).
The Advisory Committee on Judicial Activities has sanctioned judicial involvement with bar
associations provided judges refrain from engaging in bar activities which involve questions of
litigation. Copple, From the Cloister to the Street: Judicial Ethics and Public Expression, 64 Den.
U.L. Rev. 570, 571 (1988), citing Advisory Committee Op. 34 (1974).
A judge should not, however, use the bar association as a means of securing personal favors.
Canon 2B prohibits judges from lending the prestige of their offices to advance the private interests
of others. Moreover, a judge who accepts special favors from a bar association may be creating an
impression that the bar association is in a position to influence the judge. Code of Judicial
Conduct, Canon 2B.

Op. 90-5 2
In conclusion, it is our opinion and you are so advised that a judge may suggest or even encourage
a bar association to become involved in a program relating to the law, the legal system, or the
administration of justice. A judge shall not however, exert undue pressure on a bar association or
use the influence of the judge's position to advance the interests of others.
This is an informal, non-binding advisory opinion based upon the facts presented and limited
to questions arising under the Code of Judicial Conduct.