Op 87-032•Ohio Board Advisory Opinion Op 87-032
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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HIGH STREET-SUITE 3370, COLUMBUS, OH 43215-6105 (614) 644-5800 FAX: (614) 644-5804 OFFICE OF SECRETARY OPINION 87-032 [Withdrawn- by Board on Dec. 5, 1997 due to O.A.G. Ops. 277 (1907), 141 (1909), 512 (1910), 120 (1965), 86-004 (1986)] SYLLABUS: A part-time referee is considered a part-time judge for purposes of the Code of Judicial Conduct and may serve as a member or officer of a local Board of Education, PROVIDED such activity does not reflect adversely upon his impartiality or interfere with the performance of his judicial duties. A part-time referee should not serve as a member or officer of a local Board of Education if it is likely that said Board will be engaged in proceedings that would ordinarily come before him or will be regularly engaged in adversary proceedings in any court. Additionally, a part-time referee should disqualify himself in any case in which his decision could affect any organization which he serves as either an officer or member of its Board and he should avoid even the appearance of impropriety in all his activities. TO: Mark Huberman, Esq. FROM: The Board of Commissioners on Grievances and Discipline of the Judiciary DATE: June 22, 1987 We have before us your request for our opinion on whether, as a part-time juvenile court referee, you may continue to serve on the local Board of Education. In your request letter you indicate that currently you are the President of your local Board of Education and wish to run for re-election to the Board
Op. 87-032 2 in November. In addition, you wish to know whether you are required to file an annual Financial Disclosure Statement under Canon 6 of the Code of Judicial Conduct. In regard to your first question, it is our opinion that you may serve on the local Board of Education as long as you act within the limitations set forth in Canon 5(B) which states in part: A judge may participate in civic and charitable activities that do not reflect adversely upon his impartiality or interfere with the performance of his judicial duties. A judge may serve as an officer, director, trustee, or non-legal advisor of an educational, religious, charitable, fraternal, or civic organization not conducted for the economic or political advantage of its members, 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. Code of Judicial Conduct Canon 5B(1) & (2) (1984). As a part-time referee serving on the local Board of Education, you may not preside in cases involving the Board of Education. As a juvenile court referee it is unlikely you will be involved in such cases and, according to your letter, you have already agreed not to do so with the judge who appointed you. Furthermore, under Canon 2 you should avoid impropriety and the appearance of impropriety in all your activities. Code of Judicial Conduct Canon 2 (1973). In regard to your second question, as a part-time referee, you are required to file a Financial Disclosure Statement. Code of Judicial Conduct Compliance Section A(1) (1982). In conclusion, it is our opinion, and you are so advised, that you may ethically remain on the local Board of Education so long as you comply with the aforementioned standards and limitations set forth in the Code of Judicial Conduct.
Op. 87-032 3 This opinion is advisory in nature, is based upon the facts as presented and is limited to questions arising under the Code of Judicial Conduct. James W. Mason, Esq. Secretary Board of Commissioners on Grievances & Discipline of the Judiciary
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