Section 6 - Campaign Conduct; Enforcement and Sanctions; Justices and Candidates for the Supreme Court A grievance that alleges a violation by a judicial candidate for the Supreme Court 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 section.
(A) Initial review.(1) The grievance shall be filed with the director of the Board of Professional Conduct. The director shall promptly forward the grievance and any supporting documentation to the Chief Justice of the Court of Appeals, elected pursuant to section 2501.03 of the Revised Code. Within two days of receiving the grievance, the Chief Justice of the Court of Appeals shall review the grievance to determine whether the grievance alleges a violation of Canon 4 by a judicial candidate for the Supreme Court and whether the grievance should be considered on an expedited basis. If the Chief Justice of the Court of Appeals determines that no Canon 4 violation is alleged or that the grievance should not be considered on an expedited basis, the Chief Justice of the Court of Appeals may dismiss the grievance and notify the grievant of such determination or proceed with a review of the grievance pursuant to Section 4 of this rule.(2) If the Chief Justice of the Court of Appeals determines that the grievance alleges a violation of Canon 4 by a judicial candidate for the Supreme Court and that the grievance should be considered on an expedited basis, the Chief Justice of the Court of Appeals shall immediately refer the grievance to a three-member review panel selected, by lot, from among the judges designated pursuant to Section 4(A)(3) of this rule. The review panel shall contact the judicial candidate named in the grievance for a written response, and determine from the grievance and the response whether probable cause exists that a violation of Canon 4 occurred. The review panel may conduct a hearing to facilitate the determination of probable cause. The probable cause determination shall be made within five days after the grievance was received by the Chief Justice of the Court of Appeals. (3) The review panel shall notify the Chief Justice of the Court of Appeals of its probable cause determination and, if applicable, instructions regarding the preparation of a formal complaint. If the review panel finds no probable cause, the Chief Justice of the Court of Appeals shall dismiss the grievance and notify the grievant. If the review panel finds probable cause, the Chief Justice of the Court of Appeals shall instruct the director of the Board of Professional Conduct to prepare a formal complaint in accordance with the instructions of the probable cause panel and in the name of the grievant as relator. Upon preparation of the formal complaint, the director shall serve a copy of the formal complaint on the relator and respondent and transmit a copy to the Chief Justice of the Court of Appeals.(B) Appointment of hearing panel; proceedings on the formal complaint.(1) Within three days of a determination that probable cause exists to support the preparation and prosecution of a formal complaint, the Chief Justice of the Court of Appeals shall appoint a hearing panel of three fulltime trial court judges selected, by lot, from the list of judges developed and maintained pursuant to Section 4(C)(5) of this rule. The judges chosen shall be from separate appellate districts and shall not be from the district in which the respondent resides. The Chief Justice of the Court of Appeals shall designate one of the judges to serve as the chair of the hearing panel.(2) Within five days of appointment and with notice to the parties, the hearing panel shall hold a hearing on the complaint. All hearings shall be recorded by a court reporter and a transcript included in the record of the proceedings.(3) Within five days of the conclusion of the hearing, the hearing panel shall prepare and issue a report of its findings and recommendations. If the panel finds, by clear and convincing evidence, that the respondent violated Canon 4 of the Code of Judicial Conduct and that a sanction for such violation is warranted, the hearing panel's report and the record of the proceedings shall be certified to the director, 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 (C) of this section should issue a cease and desist order pursuant to division (C)(2) 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. The director shall provide a copy of the hearing panel's report to the Chief Justice of the Court of Appeals and send a copy of the hearing panel's report to the relator and respondent by electronic service address or certified mail.(C) Appointment of five-judge commission; proceedings before the commission.(1) Within five days of the issuance of the hearing panel's report, the Chief Justice of the Court of Appeals shall appoint a commission of five appellate judges, chosen by lot from separate appellate districts. The Chief Justice of the Court of Appeals shall designate one of the judges to serve as chair of the panel. No appellate judge who served on the panel that reviewed the allegations for probable cause shall be appointed to serve on the commission. (2) Unless otherwise recommended by the hearing panel, 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 sanctions set forth in Section 5(D)(1) of this rule. Upon recommendation of the hearing panel or sua sponte, the commission may enter an interim cease and desist order as it finds reasonable and necessary prior to making a determination on the hearing panel's report. 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.(3) The commission's determination and any cease and desist order shall be sent to the director who shall provide a copy to the Chief Justice of the Court of Appeals and serve a copy on the respondent and relator by electronic service address or certified mail. At the conclusion of all proceedings before the hearing panel, the director shall file the record of such proceedings with the Clerk of the Supreme Court as provided in division (F)(1) of this section.(D) Appeal of sanction.(1) The respondent may appeal a sanction issued by the commission. The notice of appeal shall be filed by the respondent with the Clerk of the Supreme Court within twenty days after the receipt by electronic service address or certified mail of the commission's order. The Clerk shall provide a copy of the notice of appeal to the Chief Justice of the Court of Appeals and send a copy to the relator by electronic service address or certified mail.(2) Within five days of receipt of the notice of appeal, the Chief Justice of the Court of Appeals shall convene an adjudicatory panel of thirteen appellate judges. The adjudicatory panel shall consist of the Chief Justice of the Court of Appeals, who shall preside over the panel, and the presiding judge of each appellate district. No appellate judge who served on the panel that reviewed the allegations for probable cause or who served on the commission to review the report of the hearing panel shall be appointed to serve on the adjudicatory panel. If a presiding judge of an appellate district is unavailable to serve on the adjudicatory panel, the appellate judge of the district who is senior in service on the court of appeals shall replace the presiding judge. (3) The adjudicatory panel may establish a briefing schedule and make other appropriate orders. All orders of the adjudicatory panel shall be issued upon instructions from the panel by the Clerk who shall send the orders by electronic service address or certified mail.(E) Failure to prosecute. If, after probable cause has been found, the relator attempts to withdraw the grievance or otherwise fails to prosecute the formal complaint, the Chief Justice of the Court of Appeals shall appoint a special disciplinary counsel who possesses the qualifications set forth in Section 4(B)(3) of this rule. Upon appointment, the special disciplinary counsel shall act as relator in the pending matter.
(F) Miscellaneous provisions.(1) Upon the filing of a formal complaint, the director of the Board of Professional Conduct shall serve as clerk for the Chief Justice of the Court of Appeals, the hearing panel, and the five-judge commission. The relator and respondent shall file all pleadings, motions, documents, and other material with the director, who shall transmit the documents and materials to the Chief Justice of the Court of Appeals and the appropriate panel. The Chief Justice of the Court of Appeals, the panel, and the five- judge commission shall transmit all orders, opinions, and other materials to the director for service on or distribution to the parties. The director shall maintain a complete record of the proceedings and, upon conclusion of the proceedings before the hearing panel and five-judge commission, certify the record, including exhibits, to the Clerk of the Supreme Court who shall maintain the certified record. The Clerk shall serve as clerk for the adjudicatory panel, and all proceedings before the adjudicatory panel shall be conducted as provided in this section and the Rules of Practice of the Supreme Court of Ohio. Upon request, the director and Clerk shall assist the Chief Justice of the Court of Appeals, hearing panel, five-judge commission, and adjudicatory panel with ministerial matters such as scheduling a location for hearings and securing a court reporter. (2) If a judge selected to serve on any panel appointed pursuant to Section 6 of this rule is unable to serve because of the existence of a disqualifying factor, the judge shall notify the Chief Justice of the Court of Appeals and provide written justification of the grounds for disqualification. (3) The Chief Justice of the Court of Appeals and any judge appointed to serve in any capacity pursuant to Section 6 of this rule shall continue to serve in the appointed capacity until the conclusion of the matter as long as the judge continues to hold judicial office. If the Chief Justice of the Court of Appeals leaves judicial office while a matter commenced under this rule during the Chief Justice of the Court of Appeal's tenure remains pending, the successor Chief Justice of the Court of Appeals shall assume responsibility for that matter. If a judge appointed to serve in any capacity under this rule leaves judicial office while a matter to which the judge was assigned under this rule remains pending, the Chief Justice of the Court of Appeals shall designate a judge to replace the former judge in the same manner as the original appointment was made.(4) A party may allege the existence of bias, prejudice, or other disqualifying factor on the part of a judge appointed to serve on a panel or commission pursuant to Section 6 of this rule by filing a motion with the Chief Justice of the Court of Appeals. The motion shall be filed within three days of the date the party receives notice of the appointment of the panel or commission. If the Chief Justice of the Court of Appeals finds the existence of bias, prejudice, or other disqualifying factor, the judge named in the motion shall be disqualified, and the Chief Justice of the Court of Appeals shall designate a judge to replace the disqualified judge in the same manner as the original appointment was made.Amended effective 7/1/2014;8/11/2015; amended September 9, 2020, effective 11/1/2020; amended February 9, 2023, effective 4/1/2023.