Section 5 - Campaign Conduct; Enforcement and Sanctions Notwithstanding Section 2 of this rule, a grievance that alleges a violation by a judicial candidate of Canon 4 of the Code of Judicial Conduct during the course of a campaign for judicial office shall be brought, conducted, and disposed of in accordance with this rule and Gov. Bar R. V, as modified by this section. All other grievances shall be brought, conducted, and disposed of in accordance with this rule and Gov. Bar R. V.
(A)Filing of grievance; preliminary review; referral. (1) A grievance that alleges a violation by a judicial candidate of Canon 4 of the Code of Judicial Conduct during the course of a campaign for judicial office shall be filed with the director of the Board of Professional Conduct. Within two days of receiving the grievance, the director shall conduct a preliminary review. If the director is unable to conduct the preliminary review because of a conflict of interest, the director immediately shall forward the grievance to the chair of the Board who shall conduct the preliminary review. If the chair has a conflict of interest or is unavailable, the director immediately shall forward the grievance to the vice-chair of the Board who shall conduct the preliminary review.(2) If a judicial candidate files a grievance alleging a violation by his or her opponent of Canon 4 of the Code of Judicial Conduct and the judicial candidate and his or her opponent have signed an agreement with a voluntarily organized judicial election monitoring committee that provides for expedited consideration of alleged violations of Canon 4 of the Code of Judicial Conduct, the director may refer the grievance to the monitoring committee for consideration. The director shall not refer the grievance to the monitoring committee if the judicial candidate has exhausted the remedies provided for under the agreement. (3) The director, chair, or vice-chair may refer a grievance to the Office of Disciplinary Counsel under any of the following circumstances: (a) The probable cause panel fails to find probable cause that a violation of Canon 4 has occurred; (b) The director, chair, or vice-chair determines that it is unnecessary to handle the grievance on an expedited basis; (c) The complainant withdraws the grievance or fails to prosecute the complaint before the Board hearing panel, five-judge commission, or Supreme Court.(B) Probable cause panel; filing of formal complaint. If, after reviewing the grievance, the director, chair, or vice-chair determines that the grievance is facially valid, that the Board has jurisdiction over the matters raised in the grievance, and that the grievance should be considered on an expedited basis, the director immediately shall appoint three members of the Board to determine whether there is probable cause that a violation of Canon 4 has occurred. No member of the probable cause panel shall be a resident of the judicial district from which the grievance arose. The probable cause panel shall determine probable cause within five days after the grievance was filed and may conduct a hearing to facilitate the determination of probable cause. If the probable cause panel finds probable cause that a violation of Canon 4 has occurred, the panel shall notify the director who shall prepare a formal complaint based on instructions from the probable cause panel.(C) Appointment of hearing panel; proceedings on the formal complaint.(1) Within three days of the probable cause determination, the chair shall appoint three members of the Board to conduct a formal hearing on the complaint. One member of the hearing panel shall be a nonattorney member of the Board, and no member of the hearing panel shall be a resident of the judicial district in which the complaint arose. The director shall forward a copy of the complaint to each member of the hearing panel, the complainant, and the respondent. (2) The chair or director may designate former members of the Board to serve on probable cause and hearing panels appointed pursuant to divisions (B) and (C)(1) of this section.(3) Within five days of its appointment, the hearing panel shall conduct a formal hearing limited to the allegations contained in the complaint. The complainant and respondent shall be notified of the hearing. Within five days after conclusion of the hearing, the hearing panel shall issue a report of its findings and recommendations. If the hearing panel determines by clear and convincing evidence that a violation of Canon 4 has occurred, the hearing panel's report and the record of the proceeding shall be certified to the Supreme Court, together with a recommendation as to whether the complaint should be considered on an expedited basis and whether the five-judge commission appointed pursuant to division (D) of this section should issue a cease and desist order pursuant to division (D)(3) of this section. If the hearing panel determines by clear and convincing evidence that a violation of Canon 4 has occurred, the hearing panel shall determine whether the respondent previously has been found to have violated Canon 4 and include the determination in its report.(D) Appointment of five-judge commission; proceedings before the commission.(1)(a) Within five days of receiving the report, the Supreme Court shall appoint a commission of five judges as provided in section 2701.11 of the Revised Code and Gov. Jud. R. III. The following shall apply to the commission:(i) Each judge shall have served four or more years on the courts of this state;(ii) If the respondent has declared his or her candidacy as a member of a major political party, as defined in section 3501.01 of the Revised Code, three of the judges shall be of the same political party as the respondent and two of the judges shall be of a different political party as the respondent;(iii) No judge shall be a candidate for judicial office during the duration of the commission.(b) The judge having the longest total service on the courts of this state shall serve as the chair of the commission. After receipt of the notice of appointment and the receipt of the report, the chair promptly shall fix a day, time, and place for the first meeting of the commission.(2) The commission shall expedite its consideration of the report and may make its determination from the report of the hearing panel, permit or require the filing of briefs, conduct oral argument, or order the hearing panel to take additional evidence. If the commission concludes the record supports the hearing panel's finding that a violation of Canon 4 has occurred and there has been no abuse of discretion by the hearing panel, the commission may enter an order that includes one or more of the following:(a) A disciplinary sanction against the respondent;(b) An order enforceable by contempt of court that the respondent cease and desist from engaging in the conduct that was found to be in violation of Canon 4;(c) A fine imposed against the respondent;(d) An assessment against the respondent of the costs of the proceeding;(e) An assessment against the respondent of the reasonable and necessary attorneys fees incurred by the complainant in prosecuting the grievance.(3) Upon recommendation of the hearing panel, motion of the complainant or sua sponte,the commission may enter an interim cease and desist order as it finds reasonable and necessary prior to making the determination required by division (D)(1) of this section. The interim order shall be based on the commission's preliminary review of the report and recommendation of the hearing panel and any record made before the commission.(4) A party may allege the existence of bias, prejudice, or other disqualifying factor on the part of a judge appointed by the Supreme Court to serve on a commission of five judges by filing a motion with the Chief Justice of the Supreme Court. The motion shall be filed within three days of the date the party receives notice of the appointment of the commission. If the Chief Justice finds the existence of bias, prejudice, or other disqualifying factor, the judge named in the motion shall be disqualified, and the Supreme Court shall appoint a substitute judge.(E) Appeal of sanction.The respondent may appeal a sanction issued by the commission to the Supreme Court. Notice of appeal shall be given by the respondent to the secretary of the commission and the Supreme Court within twenty days after the respondent's receipt by electronic service address or certified mail of the commission's order. After receipt of the notice of appeal, the Court may issue a briefing order and other appropriate orders.
Amended effective 8/11/2015; amended September 9, 2020, effective 11/1/2020; April 1, 2023; amended February 27, 2024, effective 3/1/2024.