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TEMPORARY PROVISION APPLICABLE TO JUDICIAL CANDIDATES WHO WILL APPEAR ON THE BALLOT IN 2012
Notwithstanding any provision of Rule 4.2(A)(4) of the Ohio Code of Judicial Conduct to the contrary, a judicial candidate who is required to file nominating petitions to appear on the March 6, 2012 primary election ballot shall have until February 29, 2012 to satisfy the two-hour judicial campaign course requirement set forth in that rule.
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Comment
Comparison to Ohio Code of Judicial Conduct
Rule 4.2 contains many of the provisions found in Ohio Canons 7(B), (C), and (F). The rule is organized in three parts: division (A) sets forth activities for which a judicial candidate is responsible during the campaign; division (B) sets forth prohibited campaign activities; and division (C) lists permissible campaign activities.
Rule 4.2(A)(1) reflects the "independence, integrity, and impartiality" standard used elsewhere in the Code and replaces the "maintain the dignity appropriate to judicial office" standard found in Ohio Canon 7(B)(1). Rules 4.2(A)(2) and (3) are analogous to Ohio Canon 7(F), with the addition of placing an affirmative duty on a judicial candidate to review and approve the content of campaign statements and materials prior to dissemination. Rule 4.2(A)(4) is identical to the substance of Ohio Canon 7(B)(5).
Rules 4.2(B)(1) and (2) retain the prohibitions on fundraising and advertising with nonjudicial candidates found in Ohio Canon 7(B)(2)(g). Rule 4.2(B)(3) is identical to Ohio Canon 7(C)(7)(a), and Rule 4.2(B)(4) corresponds to Ohio Canon 7(B)(3)(b).
Rules 4.2(C)(1), (2), (3), and (4) correspond to conduct that is permissible under Ohio Canon 7(B)(2)(g). Rule 4.2(C)(5) affirms what is permissible under Canon 7 -that a judicial candidate may seek, accept, and use endorsements from persons and organizations. Rule 4.3 and case law govern the manner in which endorsements are used in campaign communications. See In re Judicial Campaign Complaint Against Roberts (1996), 82 Ohio Misc.2d 59; In re Judicial Campaign Complaint Against Burick (1999), 95 Ohio Misc.2d 1; and Disciplinary Counsel v. Kaup 102 Ohio St.3d 29, 2004-Ohio-1525.
Rule 4.2(C)(6) permits the use of party nominations and endorsements in campaign communications throughout a judicial campaign, and Rule 4.2(C)(7) allow party affiliation or membership to be communicated in person or in advertising through the date of the primary election. These provisions continue the standards contained in Ohio Canons 7(B)(3)(a) (iii) and (iv).
Comparison to ABA Model Code of Judicial Conduct
Model Rule 4.2 sets forth standards applicable to judicial candidates who are subject to public election, whether the election is a retention election or partisan or nonpartisan in nature. Rule 4.2 retains many of these standards and modifies or eliminates others to reflect the present system of selecting judges in Ohio.
Model Rule 4.2(A)(1) is retained in Rule 4.2(A)(1).
Model Rule 4.2(A)(2) is unnecessary in light of statutory provisions contained in Title 35 of the Revised Code applicable to all candidates for public office.
Model Rule 4.2(A)(3) is identical in substance to Rule 4.2(A)(2), and Model Rule 4.2(A)(4) is replaced by the more definitive requirement found in Rule 4.2(A)(3). Rule 4.2(A)(4) has no counterpart in the Model Code.
Model Rules 4.2(B) and (C) are replaced by the provisions of Rule 4.2(B) and (C) that are taken from Ohio Canon 7.
Comments [1] and [2] correspond to Model Rule 4.2, Comments [2] and [3], with modifications to conform the comments to the rule. Comments [1] and [4] to [7] of the Model Rule are inconsistent with Rule 4.2 and other provisions of Canon 4 and are not adopted.
Ohio. Jud. Cond. R. 4.2