Ohio Board Advisory Opinion Op 86-002

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 86-002
[Former CJC Opinion-provides advice under the former Ohio Code of Judicial Conduct which is superseded by the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 and amendments to Chapter 102, Ohio Revised Code (See Op. 94-12)]
SYLLABUS: A Common Pleas Judge may instruct a class at a state university and receive
reimbursement as long as these activities do not interfere with his duties as Judge.
TO: Judge Frederick D. Pepple, Court of Common Pleas, Auglaize County, Wapakoneta,
OH
FROM: Board of Commissioners on Grievances and Discipline of the Judiciary
DATE: May 5, 1987
We have before us your request for our opinion on the following question: "May a
Common Pleas Judge instruct a class at a university so long as such does not interfere with his
duties as Judge and if so, may such Judge accept nominal reimbursement?"
In order to answer your first question, it must be considered whether, inter alia, there exist
any pertinent constitutional or statutory provisions which limit the outside employment of a
Common Pleas Judge.
Ohio Const. Art. IV, Section 6 (B) provides in part: "Judges shall receive no fees or
perquisites, nor hold any other office of profit or trust, under the authority of this state, or of the
United States." Thus, we must determine whether the position of visiting lecturer at a state
university qualifies as an office of profit or trust, under the authority of this state.
We believe instructing at a state university does not constitute holding of an office. In State
ex. rel. Bricker v. Gessner, 129 Ohio St. 290, 195 N.E. 63 (1935), the Court enumerated the
characteristics of public officer, now found in Art. IV, Section 6 (B) and stated as follows:

Op. 86-002 2
“ . . . a public office is a charge or trust conferred by public authority
for a public purpose, the duties of which involve in their performance
the exercise of some portion of the sovereign power, whether great or
small. A public officer is an individual who has been appointed or
elected in the manner prescribed by law, who has a designation or
title given to him by law, and who exercises the function concerning
the public assigned to him by law." 129 Ohio St. at 293-294, 195
N.E. at 65.
Clearly, a visiting lecturer is not a public officer as herein defined and therefore is not
within the prohibition of Art. IV, Section 6 (B) of the Ohio Constitution. This is not to say that
such a position transcends Canon 5 of the Code of Judicial Conduct, which requires a judge to
regulate his extra-judicial activities to minimize the risk of conflict with his judicial duties.
In regard to your second question concerning reimbursement, a judge may not receive "fees
or perquisites." Ohio Const. Art. IV, 6 (B). However, you may accept reimbursement for
reasonable and necessary expenses. Code of Judicial Conduct, Canon 6(B).
In conclusion, it is our opinion, and you are so advised, that a judge of a Common Pleas
Court is not prohibited by either Ohio Const. Art. IV, Section 6 (B) or the Code of Judicial Conduct
from holding the position of visiting lecturer of the state university.
This opinion is advisory in nature, is based upon the facts as presented and limited to
questions arising under the Code of Professional Responsibility and the Code of Judicial
Conduct.
JAMES W. MASON, Esq.
Secretary , Board of Commissioners
Grievances and Discipline
of the Judiciary of
The Supreme Court of Ohio