Ohio Board Advisory Opinion Op 87-002

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 87-002
[Former CJC Opinion-provides advice under the former Ohio Code of Judicial Conduct which is superseded by the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: Under the Code of Judicial Conduct, use of the term "re-elect" by a candidate
running for judicial office is limited to those candidates who currently hold the
office for which they are running. Non-incumbent candidates for judicial office
may not use the term "re-elect" during their campaign in that it might misrepresent
the candidates' present position as viewed by the public, which is proscribed under
Canon 7B (1)(c) of the Code of Judicial Conduct.
TO: George J. Limbert, President
Mahoning County Bar Association
FROM: The Board of Commissioners on Grievances and Discipline of the Judiciary
DATE: May 5, 1987
We have before us your request for our opinion on whether use of the term "re-elect" is
proper in a judicial campaign if a particular candidate held the office in question in the past, but is
not currently the incumbent. In your request letter you state in part: "[a]pparently the only
prohibition against using the term 're-elect' is if that individual has never been elected to the
particular office."
Under Canon 7B (1) (c) of the Code of Judicial Conduct (the "Code") a candidate for a
judicial office should not misrepresent his identity, qualifications, present position, or other fact.
Code of Judicial Conduct, Canon 7B (1) (c) (1973). We believe that a non-incumbent candidate,
using the term "re-elect" during his or her campaign, would be in violation of the prohibition
against misrepresenting his present position inasmuch as the public might assume the term "re-elect
indicates the candidate is the incumbent. In addition, a candidate's use of the term "re-elect" during
his or her campaign implies that the candidate does currently hold that office, which is proscribed
under Canon 7C (1) of the Code. Code of Judicial Conduct, Canon 7C (1) (1973).

Op. 87-002 2
In conclusion, it is our opinion, and you are so advised, that use of the term "re-elect"
during a judicial campaign should be limited to those candidates who are the incumbent regardless
of whether they held that office in the past.
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.