Ohio Board Advisory Opinion Op 88-034

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 88-34
Issued December 16, 1988
[Former CJC Opinion-provides advice under the former Ohio Code of Judicial Conduct which is superseded by the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 retired judge, not eligible for recall to judicial service, is not governed by the
Code of Judicial Conduct and therefore may endorse or participate in the campaign of any
candidate seeking election to a judicial office, or to a partisan, non-judicial office.
OPINION: We have before us your request for an advisory opinion regarding a retired judge
endorsing a candidate and/or participating in the campaign of any candidate seeking election to a
judicial office or to a partisan, non-judicial office.
Under the Code of Judicial Conduct a judge is to refrain from active participation in a
political organization or in endorsing a candidate for public office. Code of Judicial Conduct
Canon 7A(l)(a), (b) (1988). The Code of Judicial Conduct also states who must comply with the
rules. A retired judge who is not eligible for recall under O.R.C. 2701.10 is excluded from
compliance. Code of Judicial Conduct, Compliance Section (1988).
Therefore, in conclusion, it is our opinion and you are so advised that, a retired judge who is not
eligible for recall to judicial service is not precluded, under the Code of Judicial Conduct from
actively participating in a political organization or from endorsing a candidate for public office.
This opinion is advisory in nature, is based upon the facts as presented and is limited
to questions arising under the Code of Professional Responsibility.