Ohio Jud.Cond.R. 2.4

History

Comment [1] An independent judiciary requires that judges decide cases according to the law and facts, without regard to whether particular laws or litigants are popular or unpopular with the public, the media, government officials, or the judge’s friends or family. Confidence in the judiciary is eroded if judicial decision making is perceived to be subject to inappropriate outside influences. Comparison to Ohio Code of Judicial Conduct Rule 2.4(A) is comparable to a sentence contained in Ohio Canon 3(B)(2), and Rule 2.4(B) is comparable to a sentence in Canon 4(A). Rule 2.4(B) uses the phrase “interests or relationships,” which is more precise, and therefore preferable to the word “relationships ” used in Canon 4(A). Rule 2.4(C) is comparable to a sentence of Canon 4(A). However, the rule clarifies that a judge must not allow others to convey the impression that any person or organization is in a position to influence the judge. The comment explains that the purpose of the rule is not only that actual external influences should not influence a judge in the performance of his or her judicial duties, but the judge should not give the impression that he or she can be influenced by persons or organizations or permit others to do so. The Ohio Code commentary does not address this purpose. Comparison to ABA Model Code of Judicial Conduct Rule 2.4 is identical to Model Rule 2.4.