Ohio Jud. Cond. R. 3.11

As amended through October 29, 2024

Rule 3.11 - Financial, Business, or Remunerative Activities

(A) A judge may hold and manage investments of the judge and members of the judge's family.

(B) A judge shall not serve as an officer, director, manager, general partner, advisor, or employee of or independent contractor for any business entity except that a judge may do any of the following:

(1) Manage or participate in a business closely held by the judge or members of the judge's family;

(2) Manage or participate in a business entity primarily engaged in investment of the financial resources of the judge or members of the judge's family;

(3) Write or teach.

(C) A judge shall not engage in financial activities permitted under divisions (A) and (B) of this rule if they will do any of the following:

(1) Interfere with the proper performance of judicial duties;

(2) Lead to frequent disqualification of the judge;

(3) Involve the judge in frequent transactions or continuing business relationships with lawyers or other persons likely to come before the court on which the judge serves;

(4) Result in violation of other provisions of this code.

(D) As soon as practicable without serious financial detriment, the judge shall divest himself or herself of investments and other financial interests that might require frequent disqualification or otherwise violate this rule.

Ohio. Jud. Cond. R. 3.11

Comment

[1] Judges are generally permitted to engage in financial activities, including managing real estate and other investments for themselves or for members of their families. Participation in these activities, like participation in other extrajudicial activities, is subject to the requirements of this code. For example, it would be improper for a judge to spend so much time on business activities that it interferes with the performance of judicial duties. See Rule 2.1. Similarly, it would be improper for a judge to use his or her official title or appear in judicial robes in business advertising or to conduct his or her business or financial affairs in such a way that disqualification is frequently required. See Rules 1.3 and 2.11. With regard to writing or teaching relationships authorized by division (B)(3), also see Rule 3.12.

[2] [RESERVED]

Comparison to Ohio Code of Judicial Conduct

Rule 3.11 is comparable to Ohio Canon 2(C)(1) to (4).

Comparison to ABA Model Code of Judicial Conduct

Rule 3.11 is modified to add "independent contractor" to the list of prohibited relationships with a business entity and to add a general exemption for writing and teaching activities. Comment [1] is modified to include a cross-reference to Rule 3.12. Comment [2], which is comparable to Canon 2(C)(4), is moved to division (D) to emphasize in the text of the rule that a judge must divest himself or herself of financial interests that might lead to frequent disqualification or are otherwise contrary to Rule 3.11.