Ohio Board Advisory Opinion Op 90-008

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 90-8
Issued April 20, 1990
Withdrawn by Adv.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[Former CJC Opinion-provides advice under the former Ohio Code of Judicial Conduct which is superseded by the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.]
[Not Current- subsequent rule amendments to Canon 7, Ohio Code of Judicial Conduct]
SYLLABUS: A judge or judicial candidate shall not act as a leader or hold any office in a political
organization under Canon 7 (A) (1) (a). A judge pro tempore is a person appointed to act
temporarily as a judge. A judge pro tempore is not exempted from any Canon 7 provision.
Therefore, a pro tempore judge may not act as a leader nor hold any office in a political
organization.
OPINION: We have before us your request on whether a judge pro tempore may be a member of
a political party's executive committee or a board of trustee's member of a political party's club.
According to your request, as a pro tempore judge you sit on the municipal court bench one
afternoon a week hearing specific types of cases.
Canon 7 (A) (1) (a) of the Code of Judicial Conduct states that a judge or judicial candidate should
not act as a leader nor hold any office in a political organization. Compliance section B of the
Code defines judge pro tempore as a person who is appointed temporarily as a judge. While acting
as such, a judge pro tempore is not required to comply with Canon 5C (2), (3), D, E, F, and G, and
Canon 6C. There is no exception from Canon 7 for a judge pro tempore.
Therefore, a judge, including a pro tempore judge or a judicial candidate is not permitted to hold
office or act as leader in a political organization. In our view, membership in a political party's
executive committee is not permitted. Membership as a trustee in a political party's club should
also be avoided since it may be considered a leadership position in a political organization.
In conclusion, it is our opinion and you are so advised that a judge, a pro tempore judge, or a
judicial candidate may not hold an office or act as a leader in a political organization.
This is an informal, non-binding advisory opinion based upon the facts presented and limited
to questions arising under the Code of Judicial Conduct.