Ohio Board Advisory Opinion Op 87-032

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[Withdrawn- by Board on Dec. 5, 1997 due to O.A.G. Ops. 277 (1907), 141 (1909), 512 (1910),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