Ohio Board Advisory Opinion Op 89-003

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 89-003
Issued February 17, 198
[Withdrawn by Opinion 99-1 on Feb. 5, 1999]
SYLLABUS: A judge is not prohibited under the Code of Judicial Conduct from being a member
of a college’s Board of Trustees. However, under Canon 5B, the judge should not serve if it is
likely that the college will be engaged in proceedings that would ordinarily come before him or
regularly engaged in adversary proceedings in any court. In addition, a judge should disqualify
himself in any case in which the decision could affect any organization in which he serves on the
board or as an officer.
OPINION: We have before us your request for an advisory opinion on whether you, as a Common
Pleas Court Judge, may become a member of a College's Board of Trustees. In your letter you
indicate that you have been a judge in the county for nearly six years and have never had a case
involving the college.
Based upon Canon 5B of the Code of Judicial Conduct, it is our opinion that a judge may be a
member of a college or university board of trustees. Canon 5B states that a judge may serve as a
trustee of an educational organization not conducted for the economic or political advantage of its
members. This Code provision is subject to the following limitations:
(1) [a] judge should not serve if it is likely that the organization will
be engaged in proceedings that would ordinarily come before him or
will be regularly engaged in adversary proceedings in any court.
(2) [a] judge should disqualify himself in any case in which the
decision could affect any organization which he serves as either an
officer or member of the board.
Therefore, as long as a judge complies with the foregoing limitations he or she may ethically
become a member of a college or university board of trustees. This opinion is not, in any way, an
interpretation of the Ohio constitution or the Ohio Revised Code. In addition, a judge is not
permitted to solicit funds or permit the use of the prestige of his office for that purpose under
Canon 5B(3).
This is an informal, non-binding advisory opinion, based upon the facts presented and limited
to questions arising under the Code of Judicial Conduct.