Ohio Board Advisory Opinion Op. 22-02

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 2022-02
Issued April 8, 2022
Withdraws Adv. Op. 1990-08, 1998-08
Judicial Membership and Leadership in County or State Party Executive Committees,
Political Party Clubs, and County Boards of Elections
SYLLABUS: A judicial officer may not serve as a member of a state or county executive
committee of a political party, as a leader of a political party club, or as a member of a
county board of elections.

65 SOUTH FRONT STREET, 5TH FLOOR, COLUMBUS, OH 43215-3431
Telephone: 614.387.9370 Fax: 614.387.9379
www.bpc.ohio.gov
PATRICIA A. WISE
CHAIR
RICHARD A. DOVE
DIRECTOR
HON. D. CHRIS COOK
VICE- CHAIR
D. ALLAN ASBURY
SENIOR COUNSEL
KRISTI R. MCANAUL
COUNSEL
OPINION 2022-02
Issued April 8, 2022
Withdraws Adv. Op. 1990-08, 1998-08
Judicial Membership and Leadership in County or State Party Executive Committees,
Political Party Clubs, and County Boards of Elections
SYLLABUS: A judicial officer may not serve as a member of a state or county executive
committee of a political party, as a leader of a political party club, or as a member of a
county board of elections.
QUESTIONS PRESENTED:
1). Whether a judicial officer may serve as a member of a state or county
executive committee of a political party;
2). Whether a judicial officer may serve as a leader of a political party club;
3). Whether a judicial officer may serve as a member of a county board of
elections.
APPLICABLE RULES: Jud.Cond.R. 1.2, 3.4, 4.1
OPINION:
Party Executive Committee Membership
Judicial officers are permitted to belong to a political party, advertise an
endorsement by or affiliation with a party, and vote in elections. However, Jud.Cond.R.
4.1(A)(1) prohibits a judicial officer (a full-time and part-time judge or a full-time and
part-time magistrate) and a judicial candidate from acting as a leader or holding office in

Op. 2022-02 2
a political party. The term “political party” in the Code of Judicial Conduct has the same
meaning as R.C. 3517.01 and includes any national, state, or county political party.
Jud.Cond.R. 4.6(M). The prohibition in Jud.Cond.R. 4.1 avoids the appearance that a
judge is subject to political influence and political pressure and preserves public
confidence in the independence and impartiality of the judiciary. Jud.Cond.R. 4.1,
cmt.[1],[3].
The controlling committees of each major political party are the state central
committee and the county central committees. Members of the central committees are
elected at primary elections. Each central committee elects executive committee members.
Executive committee members have powers granted to them by the party controlling
committee and as provided by law. R.C. §§ 3517.02, 3517.03. Consequently, serving as a
member of a state or county executive committee of a political party is considered acting
as a leader in a political party prohibited by Jud.Cond.R. 4.1(A).
Leadership Position in a Political Party Club
A political party club is typically identified or associated with a particular political
party and engages in activities that tend to promote the philosophy and platform of a
party. See e.g., Jud.Cond.R. 4.6(K) (definition of an organization affiliated with a political
party.) Although a judge is not prohibited under the Code of Judicial Conduct from
holding membership in a political party club, the Board recommends that a judicial
officer avoid assuming a leadership role in a political party club for the same reasons a
judicial officer cannot hold a leadership position in a political party. A leadership
position in a party club may suggest that a judge is subject to political influence and erode
the public’s confidence in the independence and impartiality of the judiciary.
Jud.Cond.R. 1.2.
Membership on a County Board of Elections
Judicial officers may generally accept appointments to governmental boards,
commissions, or other governmental positions that are concerned with the law, the legal
system, or the administration of justice. Jud.Cond.R. 3.4. County boards of elections are
bi-partisan boards consisting of political party members who are nominated by county
parties and officially appointed by the secretary of state. R.C. § 3501.05. Duties of the
board of elections include the conducting of elections; reviewing and certifying petitions

Op. 2022-02 3
and nomination papers; receiving the returns of elections; issuing certificates of election
to the secretary of state; investigating irregularities or violations by election officers and
other persons; and removing ineligible electors from voter registration lists. R.C. §§
3501.11, 3501.18, 3501.22. Because the duties and functions of county boards of elections
are unrelated to any of the subjects enumerated in Jud.Cond.R. 3.4, a judicial officer may
not accept a governmental appointment to a board of elections.