The Ohio Board of Professional Conduct has issued two advisory opinions that update opinions originally issued under the former Code of Judicial Conduct and the former Code of Professional Responsibility.

Advisory Opinion 2023-01 addresses the propriety of judges or their staff soliciting donations from local businesses to support specialized docket programs in their courts. The Board reminds judges of the general prohibition against a judge’s solicitation of donations for organizations and courts and reviews other ethical issues related to an improper solicitation. The opinion also holds that a judge’s staff may not be permitted to engage in similar prohibited conduct at the direction of the judge. The opinion replaces Adv. Op. 2004-13.

Advisory Opinion 2023-02 holds that a nonprofit legal aid lawyer may engage in direct, in-person solicitation of an individual in apparent need of representation when no fee will be collected by the lawyer. The opinion also concludes that a legal aid lawyer is exempt from some lawyer advertising rules when engaging in direct mail solicitation of indigent defendants because the lawyer’s motivation is for other than financial gain. This opinion replaces Adv. Ops. 1990-11 and 1988-03.