100419 OHEO, ETH 2019-11

• Case Date: October 04, 2019
• Court: Ohio

ETH 2019-11 Opinion No. 2019-11 Withdraws Adv. Op. 2005-5 Ohio Ethics Opinion Ohio Board of Professional Conduct October 4, 2019           RICHARD A. DOVE DIRECTOR.           D. ALLAN ASBURY SENIOR COUNSEL.           KRISTI R. MCANAUL COUNSEL.           PATRICIA A. WISE VICE- CHAIR          Representation by Former Magistrate of Parties in Post-Decree Matters          SYLLABUS: Absent informed consent, confirmed in writing, a former magistrate, now practicing law, is prohibited from representing a person in post-decree matters (such as modifying child custody, parenting time, or child support, or defending or initiating a contempt order to enforce a prior court order) when he or she served as a magistrate in the person’s original divorce or dissolution action. As a matter of law, and regardless of the presence of informed consent, if the former magistrate personally participated in the matter through decision, approval, disapproval, recommendation, the rendering of advice, investigation or other substantial exercise of administrative discretion, the former magistrate is prohibited from representing the person for twelve months after his or her public employment.          This nonbinding advisory opinion is issued by the Ohio Board of Professional Conduct in response to a prospective or hypothetical question regarding the application of ethics rules applicable to Ohio judges and lawyers. The Ohio Board of Professional Conduct is solely responsible for the content of this advisory opinion, and the advice contained in this opinion does not reflect and should not be construed as reflecting the opinion of the Supreme Court of Ohio. Questions regarding this advisory opinion should be directed to the staff of the Ohio Board of Professional Conduct.          QUESTION PRESENTED: May a former magistrate, now practicing law, represent a person in post-decree matters (such as modifying child custody, parenting time, or child support, or defending or initiating a contempt order to enforce a prior court order) when he or she served as magistrate in the person’s original divorce or dissolution action? ...