Ohio Board Advisory Opinion Op 89-020

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 89-20
Issued June 16, 1989
[Former CJC Opinion-provides advice under the former Ohio Code of Judicial Conduct which is superseded by the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: The Code of Judicial Conduct does not prohibit the spouse of a county court judge
from serving as a common pleas judge within the same county.
OPINION: We have before us your request for an advisory opinion on whether the spouse of a
county court judge may serve on a court of common pleas within the same county.
There is nothing in the Code of Judicial Conduct which would prevent spouses from both serving in
a judicial capacity. This situation, in our view, would not create the appearance of impropriety.
The judges should not allow their relationship to influence their judicial conduct or judgment.
Code of Judicial Conduct Canon 2B.
In conclusion it is our opinion and you are so advised that it would not be improper for the spouse
of a county court judge to serve as a common pleas court judge in the same county.
This is an informal, non-binding advisory opinion based upon the facts presented and limited
to questions arising under the Code of Judicial Conduct.