Ohio Jud. Cond. R. 2.8

As amended through October 29, 2024

Rule 2.8 - Decorum, Demeanor, and Communication with Jurors

(A) A judge shall require order and decorum in proceedings before the court.

(B) A judge shall be patient, dignified, and courteous to litigants, jurors, witnesses, lawyers, court staff, court officials, and others with whom the judge deals in an official capacity, and shall require similar conduct of lawyers, court staff, court officials, and others subject to the judge's direction and control.

(C) A judge shall not commend or criticize jurors for their verdict other than in a court order or opinion in a proceeding.

Ohio. Jud. Cond. R. 2.8

Comment

[1] The duty to hear all proceedings with patience and courtesy is not inconsistent with the duty imposed in Rule 2.5 to dispose promptly of the business of the court. Judges can be efficient and businesslike while being patient and deliberate.

[2] Commending or criticizing jurors for their verdict may imply a judicial expectation in future cases and may impair a juror's ability to be fair and impartial in a subsequent case. This rule does not preclude a judge from expressing appreciation to jurors for their service to the judicial system and the community or from communicating with jurors personally, in writing, or through court personnel to obtain information for the purpose of improving the administration of justice.

[3] A judge who is not otherwise prohibited by law from doing so may meet with jurors who choose to remain after trial but should be careful not to discuss the merits of the case.

Comparison to Ohio Code of Judicial Conduct

Rule 2.8(A) is identical to Ohio Canon 3(B)(3).

Rule 2.8(B) is identical to Ohio Canon 3(B)(4).

Rule 2.8(C) is identical to Ohio Canon 3(B)(10).

Comparison to ABA Model Code of Judicial Conduct

Rule 2.8 and Comments [1] and [3] are identical to Model Rule 2.8.

Comment [2] is expanded to set forth permissible conduct involving jurors.