Opinion 2014-1 covers Rule 2.11 of the Ohio Code of Judicial Conduct. The lawyer requesting the advisory opinion also asked the board to re-examine a 1992 Advisory Opinion, which addressed some aspects of disqualification questions under the former code. Based on its updated view, the board withdrew the advice given in Advisory Opinion 92-9.
“Jud.Cond.R. 2.11 requires disqualification ‘in any proceeding in which the judge’s impartiality might reasonably be questioned,’” according to the opinion. “The political reality in Ohio is that judges are publicly-elected officials. Lawyers are charged with advancing the administration of justice, which includes participation in the evaluation of candidates for judicial office. This participation often takes the form of supporting a judge during an election campaign.”
“Given this framework,” the opinion continues, “the Board is of the opinion that a lawyer’s mere participation in a current judicial election campaign does not create a reasonable question as to the judge’s impartiality when the lawyer is before the judge.”
“However, if a lawyer’s current campaign activities evidence a substantial political relationship with a judge, a reasonable person would question the judge’s impartiality in cases involving the lawyer.”
Rather than creating a “bright-line test” regarding the judicial campaign activity of lawyers, the opinion lays out the factors for a judge to consider – on a case-by-case basis – to determine whether a substantial political relationship exists.
“If a judge concludes that he or she has a substantial political relationship with a lawyer involved in a case before the judge, disqualification is warranted for the duration of the current campaign fundraising period.”
Full Article and Source:
Lawyer's Relationship in Judge's Campaign Determines Recusal
2 comments:
Stick-together self-protection system is too sick for words.
According to this, there should be an increase in recusals in OH
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