Ohio Jud.Cond.R. 2.5

History

Comment [1] Competence in the performance of judicial duties requires the legal knowledge, skill, thoroughness, and preparation reasonably necessary to perform a judge’s responsibilities of judicial office. [2] A judge should seek the necessary docket time, court staff, expertise, and resources to discharge all adjudicative and administrative responsibilities. [3] Prompt disposition of the court’s business requires a judge to devote adequate time to judicial duties, be punctual in attending court and expeditious in determining matters under submission, and take reasonable measures to ensure that court officials, litigants, and their lawyers cooperate with the judge to that end. [4] In disposing of matters promptly and efficiently, a judge must demonstrate due regard for the rights of parties to be heard and to have issues resolved without unnecessary cost or delay. A judge should monitor and supervise cases in ways that reduce or e liminate dilatory practices, avoidable delays, and unnecessary costs. [5] In discharging the obligation to cooperate with other judges and court officials in the performance of administrative duties, a judge must place the public’s interest in an efficient and well-run court system above any personal or partisan interests. Where good faith differences of opinion exist, unrelated to personal or partisan interests but relative to the administration of court business, the duty to cooperate requires the judge to engage in efforts to reach compromise for the good of the court but does not require compromise. Comparison to Ohio Code of Judicial Conduct Rule 2.5 addresses matters previously found in Ohio Canons 3(B)(8) and (C). Rule 2.5(B) contains language from Canon 3(C)(1) regarding cooperation with judges and court officials on administrative matters. “Should,” as used in the Canon, is changed to “shall” to reflect the mandatory obligation of the rule. Comparison to ABA Model Code of Judicial Conduct Rule 2.5(A) is modified to include language from Ohio Canon 3(B)(8) requiring compliance with the Ohio Rules of Superintendence. Among other requirements, the Rules of Superintendence include time guidelines for the disposition of cases and statistical reporting requirements applicable to Ohio judges. This language was added to the Ohio Code in 1997 and provides a specific basis for charging misconduct arising from noncompliance with requirements contained in the Rules of Superintendence. Comment [5] is added to more fully address the cooperation required by Rule 2.5(B).