121021 OHEO, ETH 2021-12

• Case Date: December 10, 2021
• Court: Ohio

ETH 2021-12 OPINION 2021-12 Ohio Board of Professional Conduct December 10, 2021          Withdraws Adv. Op. 1995-05, 1998-04           D. Allan Asbury, Senior Counsel           Kristi R. McAnaul, Counsel           Hon. D. Chris Cook, Vice- Chair           Richard A. Dove, Director           Patricia A. Wise, Chair          Letter of Recommendation Provided by Judge          SYLLABUS: A judge may provide a letter of recommendation for an individual, provided the letter is based on the judge’s personal knowledge of the individual for whom the recommendation is written.

QUESTIONS PRESENTED:

1. May a judge provide a recommendation on behalf of an individual seeking employment;

2. May a judge provide a recommendation on behalf of a law school applicant;

3. May a judge provide a letter of recommendation on behalf of an individual seeking a nomination for appointment to the federal judiciary;

4. Is it proper for a judge to provide a written recommendation for an applicant for certification as an attorney specialist when requested to do so by a certifying agency?

         APPLICABLE RULES: Jud.Cond.R. 1.2, 1.3, 4.1          OPINION: Given their positions as elected and appointed public officials, judges are often approached to write letters of recommendation or asked to serve as a reference by court employees, judges, and others. When considering providing a letter of recommendation, a judge must avoid abusing the prestige of office to advance the personal or economic interests of others. Jud.Cond.R. 1.3. A key requirement in avoiding the potential for abuse of the prestige of office is the condition that any letter of recommendation must be made based upon the judge’s “personal knowledge” of the requesting individual. Jud.Cond.R. 1.3, cmt.[2]. A judge should carefully consider whether a recommendation letter is being sought due to the judge’s personal knowledge of the individual or if the request is an effort to take advantage of the prestige of the judge’s office. In addition to a potential abuse of the...