The Board of Professional Conduct today issued an advisory opinion concerning the dual employment of court employees in both a specialized drug court and a nonprofit drug treatment center under contract with the court.

In Advisory Opinion 2017-6 the Board concludes that the dual employment is ordinarily prohibited under the Ohio Ethics Law and raises issues under the Ohio Code of Judicial Conduct. Such an employment arrangement creates a prohibited financial interest in a public contract under R.C. 2921.42(A), unless the court employee is able to prove that the exception in 2921.42(C) is satisfied. Under the judicial conduct code, the dual employment can impact the independence, integrity, and impartiality of the judge and raise an appearance of impropriety that necessitates disqualification.

In response to a second question, the Board concludes that a court employee may not engage in fundraising for the nonprofit drug treatment center. Citing an earlier Board opinion and an opinion issued by the American Bar Association, the Board concludes that the code prohibits a court employee from soliciting funds on behalf of a nonprofit organization that contracts with the court to provide drug treatment services.

Advisory Opinions of the Board of Professional Conduct are nonbinding opinions in response to prospective or hypothetical questions regarding the application of the Supreme Court Rules for the Government of the Bar of Ohio, the Supreme Court Rules for the Government of the Judiciary, the Ohio Rules of Professional Conduct, the Ohio Code of Judicial Conduct, and the Attorney’s Oath of Office.

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