Ohio Board Advisory Opinion Op 17-008

This nonbinding advisory opinion is issued by the Ohio Board of Professional Conduct
in response to a prospective or hypothetical question regarding the application of
ethics rules applicable to Ohio judges and lawyers. The Ohio Board of Professional
Conduct is solely responsible for the content of this advisory opinion, and the advice
contained in this opinion does not reflect and should not be construed as reflecting the
opinion of the Supreme Court of Ohio. Questions regarding this advisory opinion
should be directed to the staff of the Ohio Board of Professional Conduct.
OPINION 2017-08
December 8, 2017
(Update and Withdrawal of Former Opinion 1993-9)
Judicial Participation in a Community Parade
SYLLABUS: A judge generally may participate in a community parade during either an
election or nonelection year. However, a judge should avoid participation in a parade if
it will reflect adversely upon his or her integrity, independence, or impartiality. In
addition, in order to avoid the appearance of an endorsement, a judge should not walk
or appear in a parade on floats or vehicles with nonjudicial candidates or nonjudicial
elected officials, or permit his or her signage to be displayed with that of other public
officials or candidates.

65 SOUTH FRONT STREET, 5TH FLOOR, COLUMBUS, OH 43215-3431
Telephone: 614.387.9370 Fax: 614.387.9379
www.bpc.ohio.gov
DAVID L. DINGWELL
CHAIR
RICHARD A. DOVE
DIRECTOR
SANFORD E. WATSON
VICE- CHAIR
D. ALLAN ASBURY
SENIOR COUNSEL
HEIDI WAGNER DORN
COUNSEL
OPINION 2017-8
Issued December 8, 2017
(Withdraws Adv. Op. 1993-9)
Judicial Participation in a Community Parade
SYLLABUS: A judge generally may participate in a community parade during either an
election or nonelection year. However, a judge should avoid participation in a parade if
it will reflect adversely upon his or her integrity, independence, or impartiality. In
addition, in order to avoid the appearance of an endorsement, a judge should not walk
or appear in a parade on floats or vehicles with nonjudicial candidates or nonjudicial
elected officials, or permit his or her signage to be displayed with that of other public
officials or candidates.
QUESTIONS PRESENTED: May a judge participate in a community parade during
either an election or nonelection year?1
APPLICABLE RULES: Jud.Cond.R. 1.2, 1.3, 3.1, 3.6 and 4.4.
OPINION:
Parades
During both election and nonelection years, judges are routinely invited to, or seek
to participate in, community parades commemorating recognized holidays like the 4th of
1 This opinion analyzes the substantially same question addressed by former Adv. Op. 1993-9, but does so
under the existing Ohio Code of Judicial Conduct.

Op. 2017-8 2
July or Memorial Day. The Code of Judicial Conduct contains no express prohibition
against participation in a parade and therefore the Board concludes that a judge may
participate in a parade during either an election or nonelection year. See Wash. Jud.Ethics
Op. 95-15. However, participation in a parade is only permitted if it will not compromise
the judge’s independence, integrity, or impartiality, interfere with the performance of
judicial duties, or lead to frequent disqualification. Jud.Cond.R. 1.2, 3.1.
In the most common types of community parades, a judge is not engaged in an
activity that would reflect adversely on his or her independence, impartiality, or
integrity. See NY Jud. Adv. Op. 91-55. Moreover, the participation by judges in parade
assists in integrating them into the community and promotes better public understanding
and respect for the courts and the judiciary as a whole. Jud.Cond.R. 3.1, cmt. [2];
Jud.Cond.R. 1.2, cmt. [6].
Avoiding the Appearance of An Endorsement
Community parades typically involve the appearance of several officeholders and
candidates for elected office. Consequently, during either an election or nonelection year,
the Board advises judges that they should not walk in a parade or ride in a float or vehicle
with nonjudicial candidates or nonjudicial officeholders. While there are no judicial
decisions or Board advisory opinions that specifically address the topic, the Board
cautions that a judge may be perceived as endorsing candidates and elected officials or
acting in a manner inconsistent with judicial independence or impartiality. Jud.Cond.R.
1.2, 4.1(A)(3). The latter situation is of particular concern when the other officeholders
are persons with whom the judge has regular, professional interaction, such as the
prosecutor, sheriff, or county commissioners. For similar reasons, the Board recommends
that parade signage or banners displaying a judge’s name and office not accompany the
signage of a nonjudicial candidate or other officeholder on floats or vehicles in order to
further maintain the appearance of judicial independence and integrity.
Issue-based Parades
Before participating in any parade, a judge should consider the type of
organization that is organizing or sponsoring the parade, the purpose or reason the
parade is being held, and whether his or her participation may reflect adversely on the

Op. 2017-8 2
integrity, independence, and impartiality of the judiciary. Jud.Cond.R. 1.2. For example,
participation in a parade primarily organized by an entity to promote a particular
position on a controversial political or social issue may later call into question the judge’s
impartiality in cases involving the same or related issues. The same conclusion is reached
if a judge participates in a parade sponsored by an organization that practices invidious
discrimination. Jud.Cond.R. 3.1, cmt. [3]. See also Jud.Cond.R. 3.6. Finally, a judge should
consider whether his or her participation in the parade and prestige of judicial office is
being used to advance the interests of the organizers or sponsors of the parade.
Jud.Cond.R. 1.3.
Parades During Nonelection Years
Finally, participation in a parade during a nonelection year presents an
opportunity for a judge to present himself or herself before the future voting public.
While the judge’s participation in a parade in a nonelection year may be viewed as a type
of campaigning, it is not expressly prohibited by the Code. Furthermore, campaigning
by an elected judge is not restricted to the 120-day fundraising period in Canon 4. See
Jud.Cond.R. 4.4.
CONCLUSION: Judges are not prohibited from participating in a parade in either an
election or nonelection year. The Code of Judicial Conduct encourages judges to
participate in civic extrajudicial activities in order to integrate them into their
communities and strengthen the public’s understanding and respect for the courts and
judicial system. However, a judge should consider whether the participation will
adversely reflect on the judge’s independence, integrity, or impartiality based upon the
sponsor and purpose of the parade. In either an election or nonelection year, a judge
should avoid appearing with nonjudicial candidates and nonjudicial elected offices in the
parade or on floats/vehicles to avoid an implied endorsement. Likewise, a judge should
not permit any banner or signage displaying his or her name and office from appearing
on floats or vehicles of a political party, candidate, or officeholder. Lastly, an elected
judge may participate in a parade in a nonelection year, even though the participation
may appear to be a type of campaigning.