Ohio Board Advisory Opinion Op 18-004

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 2018-04
Issued August 3, 2018
(Withdraws Adv. Op. 1990-24, Adv. Op. 2002-13)
Political and Campaign Activities of Magistrates
SYLLABUS: A magistrate may not make a contribution to the campaign committee of a
judicial candidate seeking office to the same court or division of a court to which the
magistrate is appointed. A magistrate may contribute personal funds to a political party,
a nonjudicial candidate, or to the campaign committee of judicial candidate who is
seeking election to a court or division of the court other than the one to which the
magistrate is appointed. A magistrate may not publicly endorse or oppose a candidate
for any public office, including an incumbent judge or a judicial candidate. A magistrate
may not solicit or receive campaign contributions on behalf of a political party or
candidate for any public office, including judicial office.

65 SOUTH FRONT STREET, 5TH FLOOR, COLUMBUS, OH 43215-3431
Telephone: 614.387.9370 Fax: 614.387.9379
www.bpc.ohio.gov
DAVID L. DINGWELL
CHAIR
RICHARD A. DOVE
DIRECTOR
SANFORD E. WATSON
VICE- CHAIR
D. ALLAN ASBURY
SENIOR COUNSEL
KRISTI R. MCANAUL
COUNSEL
OPINION 2018-04
Issued August 3, 2018
(Withdraws Adv. Op. 1990-24, Adv. Op. 2002-13)
Political and Campaign Activities of Magistrates
SYLLABUS: A magistrate may not make a contribution to the campaign committee of a
judicial candidate seeking office to the same court or division of a court to which the
magistrate is appointed. A magistrate may contribute personal funds to a political party,
a nonjudicial candidate, or to the campaign committee of judicial candidate who is
seeking election to a court or division of the court other than the one to which the
magistrate is appointed. A magistrate may not publicly endorse or oppose a candidate
for any public office, including an incumbent judge or a judicial candidate. A magistrate
may not solicit or receive campaign contributions on behalf of a political party or
candidate for any public office, including judicial office.
QUESTIONS PRESENTED:
1). Whether a magistrate may contribute personal funds to a nonjudicial candidate,
a judicial candidate, or a political party.
2). Whether a magistrate may contribute personal funds to a judicial candidate
seeking election to another court or to a division of the court other than the division in
which the magistrate serves.

Op. 2018-4 2
3). Whether a magistrate may endorse or oppose a candidate for any public office.
4). Whether a magistrate may engage in campaign activities on behalf of his or her
appointing judge who is seeking reelection, such as soliciting funds, going door-to-door
to speak with voters, distributing campaign literature, placing yard signs, or participating
in a telephone bank.
APPLICABLE RULES: Jud.Cond.R. 1.1, 1.3, 4.1, 4.4
OPINION: As judicial officers, both full- and part-time magistrates appointed by judges
in municipal, common pleas, or appellate courts are subject to the Code of Judicial
Conduct. Jud.Cond.R., Application. Due to the unique nature of magistrates as judicial
officers and public employees, Canon 4 of the Code of Judicial Conduct restricts the
ability of a magistrate to participate in the political process. The restrictions in the Code
assist magistrates in remaining free from political influence and in upholding and
promoting the independence, integrity, and impartiality of the judicial branch.
Jud.Cond.R. 4.1, cmt. [1], Canon 1, Preamble [2].
Campaign and political contributions
With one significant exception, a magistrate, like a judge, may contribute personal
funds to any candidate for public office. The Code expressly prohibits the campaign
committee of a judicial candidate from receiving, directly or indirectly, a contribution
from any employee of a court on which the candidate serves or to which the candidate is
seeking election. Jud.Cond.R. 4.4(C)(1). Because magistrates are court employees, they
fall within the scope of the prohibition.
Conversely, a magistrate may contribute personal funds, subject to the
contribution limits, to a judicial candidate seeking election to a court or division of a court
other than the court to which the magistrate serves. Jud.Cond.R. 4.4(I)-(J). In addition, a
magistrate may contribute personal funds to a political party without restriction under
the Code of Judicial Conduct. Jud.Cond.R. 4.1(B)(3); see Adv. Op. 88-017 (campaign
contributions of personal funds permitted under former Code of Judicial Conduct.)

Op. 2018-4 3
Endorsement of candidates for public office
A magistrate may not publicly endorse or oppose any candidate for public office,
including judicial office. Jud.Cond.R. 4.1(A)(3). Public opposition or endorsement by a
magistrate of a candidate for public office abuses the prestige of judicial office held by
the magistrate to advance the private interests of others. Jud.Cond.R. 1.3; Jud.Cond.R. 4.1,
cmt. [4]. For example, an improper endorsement occurs if a magistrate allows his or her
name to be placed on an invitation to a candidate’s fundraiser or signs and mails letters
and cards in support of a candidate. In re Keys (1996), 80 Ohio Misc. 2d 1, 671 N.E.2d
1124; Disciplinary Counsel v. Capers (1984), 15 Ohio St.3d 122, 472 N.E.2d 1073. In terms of
campaign contributions, the Board concludes that a magistrate’s contribution of personal
funds to a candidate for public office does not constitute a public endorsement of the
candidate.
Participation in campaign activities and solicitation of campaign contributions on behalf of
candidates
When a magistrate distributes campaign literature door-to-door, speaks to voters,
participates in a campaign phone bank, or places yard signs on behalf of any candidate
for public office, including his or her appointing judge, he or she is publicly endorsing
the candidate.1 When undertaken by a magistrate, participation in these types of
activities demonstrates public approval and support for a candidate, and consequently is
prohibited by the Code as an improper endorsement. Jud.Cond.R. 4.1(A)(2)-(3). An
improper endorsement also occurs if a magistrate solicits or receives contributions from
others for or on behalf of a campaign committee of any candidate for public office or a
political party. Jud.Cond.R. 4.1(A)(4). The appointing court should ensure that its
magistrates are not involved in the receipt or solicitation of campaign fund contributions
on behalf of any candidate for judicial or nonjudicial office. See generally, Disciplinary
Counsel v. O'Neill, 103 Ohio St.3d 204, 2004-Ohio-4704.
1 For the circumstance in which a judicial officer’s spouse is a candidate for public office, see Adv. Op.
2001-1 (no violation of Judicial Code if a judicial officer’s spouse places a yard sign supporting the spouse’s
candidacy for public office.)

Op. 2018-4 4
CONCLUSION: Magistrates are judicial officers subject to the Code, including the
restrictions on political and campaign activities. Because magistrates are also judicial
appointees, the Code imposes additional limitations on their political and campaign
activities. The Code prohibits the campaign committee of a judicial candidate from
receiving, directly or indirectly, a contribution from any employee from the same court
or division the candidate serves or is seeking election. However, a magistrate may
contribute personal funds to the campaigns of other judicial candidates in other courts or
other divisions of a court in which they serve, nonjudicial candidates, or political parties.
As a judicial officer, a magistrate may not endorse or oppose any candidate for public
office, including his or her incumbent judge. This restriction requires the magistrate to
refrain from engaging in campaign activities including, but not limited to, soliciting or
receiving campaign contributions on behalf of a political party or candidate for any public
office, the distribution of campaign literature, speaking with voters, participating in a
campaign phone bank, or placing yard signs on behalf of any candidate for public office.