Ohio Jud. Cond. R. 3.13

As amended through October 29, 2024

Rule 3.13 - Acceptance and Reporting of Gifts, Loans, Bequests, Benefits, or Other Things of Value

(A) A judge shall not accept, and shall urge the judge's spouse, domestic partner, and other members of the judge's family residing in the judge's household not to accept, any gifts, loans, bequests, benefits, or other things of value, except as follows:

(1) Items with little intrinsic value, such as plaques, certificates, trophies, and greeting cards;

(2) Gifts, loans, bequests, benefits, or other things of value from friends, relatives, or other persons, including lawyers, whose appearance or interest in a proceeding pending or impending before the judge would in any event require disqualification of the judge under Rule 2.11;

(3) Ordinary social hospitality;

(4) Commercial or financial opportunities and benefits, including special pricing and discounts, and loans from lending institutions in their regular course of business, if the same opportunities and benefits or loans are made available on the same terms to similarly situated persons who are not judges;

(5) Rewards and prizes given to competitors or participants in random drawings, contests, or other events that are open to persons who are not judges;

(6) Scholarships, fellowships, and similar benefits or awards, if they are available to similarly situated persons who are not judges, based upon the same terms and criteria;

(7) Books, magazines, journals, audiovisual materials, and other resource materials supplied by publishers on a complimentary basis for official use;

(8) Gifts, awards, or benefits associated with the business, profession, or other separate activity of a spouse, a domestic partner, or other member of the judge's family residing in the judge's household, but that incidentally benefit the judge, provided the gift, award, or benefit does not give the appearance of influencing the judge in his or her judicial duties or otherwise appear to a reasonable person to undermine the judge's independence, integrity, or impartiality;

(9) A gift from a relative or friend for a social occasion, such as a wedding, anniversary, or birthday, if the gift is commensurate with the relationship and occasion;

(10) A gift incident to a public testimonial;

(11) An invitation to the judge and the judge's spouse, domestic partner, or guest to attend without charge either of the following:

(a) An event associated with a bar-related function or other activity related to the law, the legal system, or the administration of justice;

(b) An event associated with any of the judge's educational, religious, charitable, fraternal, or civic activities permitted by this code, if the same invitation is offered to nonjudges who are engaged in similar ways in the activity as is the judge.

(12) Any other thing of value, if the donor is neither of the following:

(a) A party or other person who has come or is likely to come or whose interests have come or are likely to come before the judge;

(b) A person who is doing or seeking to do business with the court.

(B) A judge shall report the acceptance of any gift, loan, bequest, benefit, or other thing of value as required by Rule 3.15.

Ohio. Jud. Cond. R. 3.13

Comment

[1] Whenever a judge accepts a gift or other thing of value without paying fair market value, there is a risk that the benefit might be viewed as intended to influence the judge's decision in a case. Rule 3.13 prohibits the acceptance of such benefits, except in circumstances where the risk of improper influence is low and subject to applicable financial disclosure requirements. See Rule 3.15 and R.C. 102.02.

[2] Gift-giving between friends and relatives is a common occurrence, and ordinarily does not create an appearance of impropriety or cause reasonable persons to believe that the judge's independence, integrity, or impartiality has been compromised. In addition, when the appearance of friends or relatives in a case would require the judge's disqualification under Rule 2.11, there would be no opportunity for a gift to influence the judge's decision making. Division (A)(2) places no restrictions upon the ability of a judge to accept gifts or other things of value from friends or relatives under these circumstances, but requires public reporting.

[3] Businesses and financial institutions frequently make available special pricing, discounts, and other benefits, either in connection with a temporary promotion or for preferred customers, based upon longevity of the relationship, volume of business transacted, and other factors. A judge may freely accept such benefits if they are available to the general public, or if the judge qualifies for the special price or discount according to the same criteria as are applied to persons who are not judges. As an example, loans provided at generally prevailing interest rates are not gifts, but a judge could not accept a loan from a financial institution at below-market interest rates unless the same rate was being made available to the general public for a certain period of time or only to borrowers with specified qualifications that the judge also possesses.

[4] [RESERVED]

[5] Rule 3.13 does not apply to contributions to a judge's campaign for judicial office. Such contributions are governed by other rules of this code, including Rules 4.3 and 4.4.

Comparison to Ohio Code of Judicial Conduct

Rule 3.13 corresponds to Ohio Canon 2(C)(5). That provision, together with R.C. 102.03, generally bars a judge from accepting gifts, loans, bequests, or benefits, except for those items specifically permitted in Canon 2(C)(5)(a) to (h). The new rule is essentially the same as the existing standards, with the exception that Rules 3.13(A)(1), (A)(5), and (A)(11)(b) are new provisions with no counterpart in the Ohio Code. Specifically:

* Rule 3.13(A)(2) corresponds to Ohio Canon 2(C)(5)(e);

* Rule 3.13(A)(3) corresponds to Ohio Canon 2(C)(5)(c);

* Rule 3.13(A)(4) corresponds to Ohio Canon 2(C)(5)(f);

* Rule 3.13(A)(6) corresponds to Ohio Canon 2(C)(5)(g);

* Rule 3.13(A)(7) corresponds to a portion of Ohio Canon 2(C)(5)(a);

* Rule 3.13(A)(8) corresponds to Ohio Canon 2(C)(5)(b) but adds "domestic partner" and incorporates the "independence, integrity, or impartiality" standards used throughout the Code;

* Rule 3.13(A)(9) corresponds to Ohio Canon 2(C)(5)(d);

* Rules 3.13(A)(10) and (A)(11)(a) correspond to portions of Ohio Canon 2(C)(5)(a);

* Rule 3.13(A)(12) corresponds to Ohio Canon 2(C)(5)(h), but is expanded to address gifts from a person who is doing or seeking to do business with the court.

Comment [3] provides guidance to judges in situations where special pricing, discounts, and other benefits are made available by businesses and financial institutions.

Requirements for the reporting of gifts and other things of value are addressed in Rule 3.15.

Comparison to ABA Model Code of Judicial Conduct

Model Rule 3.13 is reorganized entirely to be consistent with Ohio law. The Model Rule 3.13 divides gifts and other things of value into three categories: those that a judge may not accept under any circumstances [Model Rule 3.13(A) ]; those that a judge may accept without having to report the acceptance of the item [Model Rule 3.13(B) ]; and those that a judge may accept, provided the acceptance is publicly reported [Model Rule 3.13(C) ]. By contrast, the Ohio version of Rule 3.13(A) prohibits the acceptance of any gift or item of value, except those expressly listed that would not create an appearance of impropriety or cause a reasonable person to believe that the judge's independence, integrity, or impartiality has been compromised. Rule 3.13(B) requires disclosure of any gift or other item of value as required by Rule 3.15. The comments are revised to correspond to the rule.