The Ohio Board of Professional Conduct Issues New Advisory Opinions

The Ohio Board of Professional Conduct recently issued four advisory opinions addressing various topics related to the application of ethics rules.

Advisory Opinion 2022-08 addressed the question of whether a judge may attend a training course regarding speed detection devices that is offered by a state law enforcement agency and open exclusively to judicial officers, prosecutors, and members of law enforcement. The Board found that, even though the training course was open to Judges, they should not attend to avoid creating the appearance of bias toward law enforcement.

Advisory Opinion 2022-09 addressed the question of whether it is proper for a full-time or part-time magistrate to serve on, or run for election to, a local, city, or state school board, a board of county commissioners or a city council. The Board decided that it is not proper because a magistrate’s holding of a public office may increase the risk that a reasonable person may question the judge’s independence, integrity or impartiality when performing thor judicial duties. 

Advisory Opinion 2022-10 addressed the question of whether it is proper for a magistrate to serve as a trustee of a nonprofit condominium association in which the magistrate resides and owns a condominium. The Board concluded that it is proper for a magistrate to serve as a trustee of a nonprofit condominium association in which he lives, resides and owns a condominium. However, the magistrate is prohibited from abusing the prestige of an officer when interacting with unit owners or third parties in their capacity as a trustee.

Advisory Opinion 2022-11 addressed multiple questions regarding lawyers sharing office space, nonlawyer staff and dividing fees. The court concluded that lawyer may divide fees, and share both an office space and nonlawyer staff, so long as the lawyers maintain client confidentiality pursuant to the Rules of Professional Conduct.

Note that these non binding advisory opinions are issued by the Ohio Board of Professional Conduct and the advice contained in these opinions do not reflect on the opinion of the Supreme Court of Ohio.