On October 7, 2022, the Ohio Board of Professional Conduct issued four new advisory opinions and on December 9 issued two more. Four of these opinions involved interpretations of the Ohio Code of Judicial Conduct.
Opinion 2022-08 – Judge Attendance at Exclusive Training for Members of Law Enforcement and Prosecutors
Syllabus: A judge should not 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.
Opinion 2022-09 – Magistrate Simultaneously Holding a Nonjudicial Elective Office
Syllabus: A full-time or part-time magistrate may not seek election to, or serve on, a local, city, or state board of education, city council, or county board of commissioners.
Opinion 2022-10 – Magistrate Serving as a Trustee of a Nonprofit Condominium Association
Syllabus: A magistrate may serve as a trustee of a nonprofit condominium association if the extrajudicial activity does not undermine the magistrate’s independence, integrity, or impartiality, lead to frequent disqualification, or interfere with the performance of judicial duties.
This Opinion replaces Opinion 1991-09, which the Board withdrew.
Opinion 2022-12 – Prosecutor Preparation of Judgment Entry
Syllabus: A prosecutor may prepare a judgment entry at the direction of a judge. A prosecutor should not engage in subsequent communications with a court about changes or edits to a judgment entry that concern substantive matters or issues on the merits unless opposing counsel is included in the communications.
Opinion 2022-13 – Taking of a Deposition by a Paralegal or Out-of-State Lawyer
Syllabus: A lawyer may not delegate the task of taking or defending a deposition to a paralegal. An out-of-state lawyer may take or defend a deposition in Ohio so long as he or she meets one of the exceptions contained in Prof.Cond.R. 5.5. An Ohio lawyer may take or defend a deposition in a state outside Ohio in which the lawyer is licensed to practice law if permitted by that state.