Dec. 30, 2008
Supreme Court Adopts New Code of Judicial Conduct
The Supreme Court of Ohio today announced the adoption of a new Code of Judicial Conduct, which regulates the judicial and extrajudicial activities of judges. The new Code becomes effective March 1, 2009.
The revisions are based on recommendations from the 19-member Task Force on the Code of Judicial Conduct and written comments submitted during the public comment period. One of the main changes is the reorganization of the judicial code to correspond to the format employed by the Ohio Rules of Professional Conduct for lawyers.
Chief Justice Thomas J. Moyer thanked the task force for its work that “ensures that Ohio continues to maintain the highest, contemporary standards governing the conduct of Ohio judges.” Chief Justice Moyer noted that upcoming training courses offered by the Ohio Judicial College will devote significant attention to fostering understanding and compliance with the new code.
The new code is based on the substantive revisions to the American Bar Association’s Model Code of Judicial Conduct that were adopted in February 2007 by the ABA’s House of Delegates. Ohio becomes the fifth state to adopt changes based on the model code.
A sampling of some of the more significant revisions contained in the code include:
- A rule that bars a judge or judicial candidate from making any pledge, promise or commitment inconsistent with the impartial performance of judicial duties. The former code precluded pledges, promises, or commitments and also statements that appeared to commit the judge or judicial candidate with respect to matters coming before the court.
- A rule that allows judges to reference their political party affiliation in campaign advertising in primary and general elections.
- Rules to allow a judge to make reasonable accommodations for self-represented litigants without violating the standards of impartiality and fairness.
- A rule that permits judges to encourage and facilitate pro bono service by Ohio lawyers.
- New provisions that provide guidance to judges who preside over “specialized dockets” such as drug courts or mental health courts.
- A rule that outlines a judge’s responsibility to report others’ disability/impairment or professional misconduct and a requirement to cooperate with disciplinary authorities.
- A rule that adds two additional standards that must be met to engage in an extrajudicial activity and restricts to incidental the use of court property or personnel in relation to the activity.
Unlike the Court’s adoption of the Rules of Professional Conduct in August 2006 (effective Feb. 1, 2007), which represented a wholesale rewrite of the rules governing the professional conduct of lawyers, the Code of Judicial Conduct has been updated to reflect issues that have emerged during the last 10 to 15 years. As such, the revisions contain new provisions that outline the role of judges in facilitating settlements; offer clearer guidance for accepting and reporting gifts; and permit judges to engage in efforts to promote public trust and confidence in the courts.
Contact: Chris Davey or Bret Crow at 614.387.9250.