100419 OHEO, ETH 2019-12

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

ETH 2019-12 Opinion 2019-12 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          Appointment of a Magistrate as an Eldercare Coordinator          SYLLABUS: A probate court magistrate may not be appointed as an eldercare coordinator in addition to his or her duties as a judicial officer. The dual appointment of a probate court magistrate as an eldercare coordinator interferes with the official duties of the position of magistrate and leads to frequent disqualification. The dual appointment of a probate court magistrate as an eldercare coordinator raises questions as to the magistrate’s impartiality.          SYLLABUS: A probate court magistrate may not be appointed as an eldercare coordinator in addition to his or her duties as a judicial officer. The dual appointment of a probate court magistrate as an eldercare coordinator interferes with the official duties of the position of magistrate and leads to frequent disqualification. The dual appointment of a probate court magistrate as an eldercare coordinator raises questions as to the magistrate’s impartiality.          QUESTION PRESENTED: Whether a probate magistrate may serve in a dual role as an eldercare coordinator.          APPLICABLE RULES: Jud.Cond.R. 1.2, 2.6, 3.1, 3.9           OPINION           HON. JOHN W. WISE CHAIR          A probate court judge proposes that two magistrates be appointed on a case-by-case basis to serve as eldercare coordinators for the court. Each magistrate would be appointed only in cases not previously referred to them by the judge and would not participate as an eldercare coordinator in any matter in which they presided as magistrate. If a magistrate is appointed as an eldercare coordinator before a guardianship proceeding is filed, that magistrate will not participate in any subsequent guardianship proceedings involving the same ward.          Eldercare coordination is a form of dispute resolution offered by some probate courts in pending and impending guardianships when traditional mediation is not appropriate or has failed. See Sup. R. 79(B). The goal of eldercare coordination is to complement other...