New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 1 - UNIFORM ADMINISTRATIVE PROCEDURE RULES › Appendix - APPENDIX

Current through Register Vol. 56, No. 14, July 15, 2024
CODE OF CONDUCT FOR ADMINISTRATIVE LAW
				JUDGES
PREAMBLE
The Code of Judicial Conduct for Administrative Law Judges is
				intended to establish basic ethical conduct standards for administrative law
				judges. The Code is intended to govern the conduct of these administrative law
				judges and to provide guidance to assist judges in establishing and maintaining
				high standards of judicial and personal conduct. This Code is based upon the
				New Jersey Code of Judicial Conduct as adopted by the New Jersey Supreme Court,
				effective September 1, 2016.
The text of the Canons is authoritative. The Commentary, by
				explanation and example, provides guidance with respect to the purpose and
				meaning of the Canons. The Commentary is not intended as a statement of
				additional rules. When the text uses "shall" or "shall not," it is intended to
				impose binding obligations, the violation of which can result in disciplinary
				action. When "should" or "should not" is used, the text is a statement of what
				is or is not appropriate conduct, but not a binding rule under which a judge
				may be disciplined. When "may" is used, it denotes permissible discretion or,
				depending on the context, it refers to action that is not covered by specific
				proscriptions.
The Canons are rules of reason. They should be applied
				consistent with constitutional requirements, statutes, administrative rules,
				and decisional law and in the context of all relevant circumstances. The Code
				is to be construed so as not to impinge on the essential independence of judges
				in making judicial decisions. The Code is designed to provide guidance to
				administrative law judges and to provide a structure for regulating
				conduct.
CANON 1
AN INDEPENDENT AND IMPARTIAL JUDICIARY IS INDISPENSABLE
				TO JUSTICE. AN ADMINISTRATIVE LAW JUDGE, THEREFORE, SHALL UPHOLD AND SHOULD
				PROMOTE THE INDEPENDENCE, INTEGRITY, AND IMPARTIALITY OF THE ADMINISTRATIVE
				JUDICIARY
RULE 1.1 Independence, Integrity, and Impartiality of the
				Administrative Judiciary
An administrative law judge shall participate in
				establishing, maintaining, and enforcing, and shall personally observe, high
				standards of conduct, so that the integrity, impartiality, and independence of
				the administrative judiciary is preserved. This Code shall be construed and
				applied to further these objectives.
RULE 1.2 Compliance with the Law
An administrative law judge shall respect and comply with
				the law.
Commentary: Violations of this Code, or violations of
				law or N.J.A.C. 1:1 through 1:31 that reflect adversely on a judge's honesty,
				impartiality, temperament, or fitness constitute a failure to respect and
				comply with the law.
CANON 2
AN ADMINISTRATIVE LAW JUDGE SHALL AVOID IMPROPRIETY AND
				THE APPEARANCE OF IMPROPRIETY
RULE 2.1 Promoting Confidence in the Administrative
				Judiciary
An administrative law judge shall act at all times in a
				manner that promotes public confidence in the independence, integrity, and
				impartiality of the administrative judiciary, and shall avoid impropriety and
				the appearance of impropriety.
Commentary: Public confidence in the administrative
				judiciary is eroded by irresponsible or improper conduct by judges. An
				administrative law judge must avoid all impropriety and appearance of
				impropriety and must expect to be the subject of constant public scrutiny. This
				principle applies to both the professional and personal conduct of an
				administrative law judge. An administrative law judge must, therefore, accept
				restrictions on personal conduct that might be viewed as burdensome by the
				ordinary citizen and should do so freely and willingly.
Actual impropriety is conduct that reflects adversely
				on the honesty, impartiality, temperament, or fitness to serve as a
				judge.
With regard to the judicial conduct of an
				administrative law judge, an appearance of impropriety is created when a
				reasonable, fully informed person observing the judge's conduct would have
				doubts about the judge's impartiality. With regard to the personal conduct of
				an administrative law judge, an appearance of impropriety is created when an
				individual who observes the judge's personal conduct has a reasonable basis to
				doubt the judge's integrity and impartiality.
RULE 2.2 External Influences on Judicial
				Conduct
Administrative law judges shall decide cases according to
				the law and facts. Administrative law judges shall not permit family, social,
				political, financial, or other relationships or interests to influence their
				judicial conduct or judgment.
RULE 2.3 Use of the Prestige of Judicial
				Office
(A)
An administrative law judge shall not lend the
				prestige of judicial office to advance the personal or economic interests of
				the judge or others, or allow others to do so.
(B)
An administrative law judge shall not convey or
				permit others to convey the impression that any person or organization is in a
				position to influence the judge.
Commentary: It is improper for
				administrative law judges to use or attempt to use their position to gain
				personal advantage or deferential treatment of any kind. For example, it would
				be improper for an administrative law judge to allude to his or her judicial
				status to gain favorable treatment in encounters with others, such as persons
				in official positions and members of the public.
The Office of Administrative Law has determined that in
				certain limited situations an administrative law judge may write a letter of
				recommendation for a current or former law clerk or intern on Office of
				Administrative Law letterhead; in all other situations, if a letter of
				recommendation is appropriate, it should be on the administrative law judge's
				personal stationery. The situations in which the administrative law judge may
				use the Office of Administrative Law letterhead for letters of recommendation
				for law clerks or interns are as follows: (a) when the letter is addressed to
				another state or federal government official (this would include letters
				regarding subsequent additional clerkships or internships); (b) when the letter
				is addressed to a law school, university, or college in connection with a
				possible teaching position for the law clerk or intern; and (c) when a
				potential employer requests a recommendation.
Administrative law judges may participate in the
				process of judicial selection or judicial reappointment by cooperating with
				appointing authorities and screening committees, and by responding to inquiries
				from such entities concerning the professional qualifications of a person being
				considered for judicial office.
RULE 2.4 Testifying as a Character Witness
An administrative law judge shall not testify as a
				character witness in a judicial, administrative, or other adjudicatory
				proceeding, or otherwise vouch for the character of a person in a legal
				proceeding.
Commentary: An administrative law judge must not
				testify voluntarily as a character witness because to do so may lend the
				prestige of the office in support of the party for whom the administrative law
				judge testifies. Moreover, when an administrative law judge testifies as a
				witness, a lawyer who regularly appears before the judge may be placed in the
				awkward position of cross-examining the judge. An administrative law judge may,
				however, testify when properly summoned. Except in unusual circumstances where
				the demands of justice require, an administrative law judge should discourage a
				party from requiring the judge to testify as a character
				witness.
CANON 3
AN ADMINISTRATIVE LAW JUDGE SHALL PERFORM THE DUTIES OF
				THE OFFICE IMPARTIALLY AND DILIGENTLY
RULE 3.1 Precedence of Judicial Office
The judicial duties of an administrative law judge shall
				take precedence over all other activities. Judicial duties include the duties
				of the office prescribed by law, this Code, N.J.A.C. 1:1 through 1:31, and
				administrative directive.
RULE 3.2 Competence
An administrative law judge shall maintain professional
				competence.
Commentary: Competence in the performance of judicial
				duties requires the legal knowledge, skill, thoroughness, and preparation
				reasonably necessary to perform judges' responsibilities of the
				office.
RULE 3.3 Judicial Independence
An administrative law judge shall be unswayed by partisan
				interest, public clamor, or fear of criticism.
Commentary: An administrative law judge shall decide
				cases 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 Office of Administrative Law is eroded if
				judicial decision-making is perceived to be subject to outside
				influences.
RULE 3.4 Decorum
An administrative law judge shall maintain order and
				decorum in judicial proceedings.
RULE 3.5 Demeanor
An administrative law judge shall be patient, dignified,
				and courteous to litigants, witnesses, attorneys, representatives, and others
				with whom the judge deals in an official capacity, and shall not permit
				lawyers, court officials, and others subject to the judge's direction and
				control to display impatience or discourtesy or to detract from the dignity of
				the court.
RULE 3.6 Bias and Prejudice
(A)
An administrative law judge shall be impartial and
				shall not discriminate because of race, creed, color, sex, gender identity or
				expression, religion/religious practices or observances, national
				origin/nationality, ancestry, language, ethnicity, disability or perceived
				disability, atypical hereditary cellular or blood trait, genetic information,
				status as a veteran or disabled veteran of, or liability for service in, the
				Armed Forces of the United States, age, affectional or sexual orientation,
				marital status, civil union status, domestic partnership status, socioeconomic
				status, or political affiliation.
(B)
An administrative law judge shall require attorneys
				in proceedings before the judge to refrain from manifesting, by words or
				conduct, bias or prejudice on the bases specified in Rule 3.6(A), against
				parties, witnesses, attorneys, representatives, or others. This section does
				not preclude legitimate advocacy when the listed bases are issues in or
				relevant to the proceeding.
(C)
An administrative law judge shall not, in the
				performance of judicial duties, by words or conduct manifest bias or prejudice,
				or engage in harassment, including, but not limited to, bias, prejudice, or
				harassment on the bases specified in Rule 3.6(A), and shall not permit court
				staff, court officials, or others subject to the judge's direction and control
				to do so. This section does not preclude reference to the listed bases when
				they are issues in or relevant to the proceeding.
Commentary: The prohibited bases in this rule are
				primarily drawn from the Law Against Discrimination,
				N.J.S.A.
				10:5-1et seq.
Examples of manifestations of bias or prejudice
				include, but are not limited to, epithets, slurs, demeaning nicknames, negative
				stereotyping, attempted humor based on stereotypes, threatening, intimidating,
				or hostile acts, suggestions of connections between race, ethnicity, or
				nationality and crime, and irrelevant references to personal characteristics.
				Even facial expressions and body language can convey to parties,
				representatives, and attorneys in the proceeding, the media, and others an
				appearance of bias or prejudice. A judge must avoid conduct that may reasonably
				be perceived as prejudiced or biased.
Harassment is verbal or physical conduct that
				denigrates or shows hostility or aversion toward a person on prohibited bases
				listed in Rule 3.6(A).
Sexual harassment includes, but is not limited to,
				sexual advances, requests for sexual favors, and other verbal or physical
				conduct of a sexual nature that is unwelcome.
RULE 3.7 Ensuring the Right to Be Heard
An administrative law judge shall accord to every person
				who is legally interested in a proceeding, or to that person's attorney or
				representative, the right to be heard according to law or court
				rule.
Commentary: An administrative law judge may make
				reasonable accommodations to ensure pro se litigants the opportunity to have
				their matters fairly heard.
RULE 3.8 Ex Parte
				Communications
Except as authorized by law or N.J.A.C. 1:1 through 1:31,
				a judge shall not initiate or consider ex parte or other communications
				concerning a pending or impending proceeding.
Commentary: The proscription against communications
				concerning a proceeding generally includes communications with or from
				attorneys, representatives, and other persons who are participants in the
				proceeding. It does not preclude an administrative law judge from consulting
				with other administrative law judges on pending matters, provided that the
				judge avoids ex parte discussions of a case with judges who have previously
				been disqualified from hearing the matter, or from consulting with court
				personnel whose function is to aid the judge in carrying out adjudicative
				responsibilities.
In general, settlement discussions, discussions
				regarding scheduling, and an administrative law judge's handling of emergent
				issues are not considered to constitute ex parte communications in violation of
				this rule.
RULE 3.9 Diligence
An administrative law judge shall dispose promptly of the
				business of the court.
Commentary: In disposing of matters promptly,
				efficiently, and fairly, a judge must demonstrate due regard for the rights of
				the parties to be heard and to have issues resolved without unnecessary cost or
				delay. Prompt disposition of the judge's business requires a judge to devote
				adequate time to his or her duties, to be punctual in attending hearings and
				expeditious in determining matters under submission, and to insist that other
				subordinate officials, litigants, and their representatives cooperate with the
				judge to that end.
RULE 3.10 Judicial Statements on Pending and Impending
				Cases
An administrative law judge shall not publicly comment
				about a pending or impending proceeding in any court and shall not permit court
				personnel subject to the judge's direction and control to do so. This rule does
				not prohibit judges from making public statements in the course of their
				official duties or from explaining to the public the procedures of
				agencies.
Commentary: "Agency personnel" does not include the
				lawyers in a proceeding before a judge. The conduct of lawyers is governed by
				Rule 3.6 of the Rules of Professional Conduct.
Rule 3.10
is not intended
				to preclude participation in an association of judges merely because such
				association makes public comments about a pending or impending proceeding in
				the administrative process. The subsection is directed primarily at public
				comments by a judge concerning a proceeding before another
				judge.
RULE 3.11 Broadcasting
An administrative law judge should permit broadcasting,
				televising, recording, and the taking of photographs in the courtroom and areas
				immediately adjacent thereto during sessions of court and during recesses
				between sessions only in accordance with the guidelines promulgated by the
				Supreme Court and subject to the restrictions contained therein; except that
				where there is a conflict between the guidelines promulgated by the Supreme
				Court and the provisions of N. J.A.C. 1:1 through 1:31, the provisions of
				N.J.A.C. 1:1 through 1:31 shall govern.
RULE 3.12 Judicial Administration
An administrative law judge shall diligently discharge
				the administrative responsibilities of the office without bias or prejudice,
				maintain professional competence in judicial administration, and facilitate the
				performance of the administrative responsibilities of other judges and court
				officials.
RULE 3.13 Supervisory Duties
An administrative law judge shall require staff, court
				officials, and others subject to the judge's direction and control to observe
				the standards of fidelity and diligence that apply to the judge and to refrain
				from manifesting bias or prejudice in the performance of their official
				duties.
RULE 3.14 Responding to Administrative Judicial and
				Lawyer Misconduct
An administrative law judge has the following
				disciplinary responsibilities:
(A)
An administrative law judge who receives reliable
				information indicating a substantial likelihood that another judge has
				committed a violation of this Code should take appropriate action. An
				administrative law judge having knowledge that another judge has committed a
				violation of this Code that raises a substantial question as to the other
				judge's fitness for office shall inform the appropriate authority.
(B)
An administrative law judge who receives reliable
				information indicating a substantial likelihood that a lawyer has committed a
				violation of the Rules of Professional Conduct should take appropriate action.
				An administrative law judge having knowledge that a lawyer has committed a
				violation of the Rules of Professional Conduct that raises a substantial
				question as to the lawyer's honesty, trustworthiness, or fitness as a lawyer in
				other respects shall inform the appropriate authority. (See also
				N.J.A.C.
				1:1-5.3)
(C)
Acts of an administrative law judge in the discharge
				of disciplinary responsibilities under this rule shall be absolutely
				privileged.
Commentary: Appropriate action includes notification
				to the Director/Chief Administrative Law Judge, Deputy Director of the Office
				of Administrative Law, or Administrative Law Assignment Judge.
RULE 3.15 Disqualification
(A)
Administrative law judges shall hear and decide all
				assigned matters unless disqualification is required by this rule or other
				law.
(B)
Administrative law judges shall disqualify
				themselves in proceedings in which their impartiality or the appearance of
				their impartiality might reasonably be questioned, including, but not limited
				to, the following:
(1)
Personal bias, prejudice, or knowledge.
				Administrative law judges shall disqualify themselves if they have a personal
				bias or prejudice toward a party or a party's lawyer or have personal knowledge
				of disputed evidentiary facts involved in the proceeding;
(2)
Financial interest. Administrative law judges shall
				disqualify themselves if they individually or as a fiduciary have a financial
				interest in an enterprise related to the litigation. Subject to (2)(a)(i),
				(ii), (iii), and (iv) below, a financial interest means ownership of a legal or
				equitable interest, however small, or a relationship as director or advisor or
				other participation in the affairs of a party.
(a)
Financial interest does not include:
(i)
Ownership of an interest in securities held by a
				mutual fund or common investment fund, or ownership of securities held in
				managed funds, provided, in respect of managed funds, that no investment
				discretion has been retained by the judge or the judge's spouse, civil union
				partner, or domestic partner;
(ii)
Ownership in securities held by an educational,
				religious, charitable, fraternal, or civic organization in which the judge
				holds an office;
(iii)
The proprietary interest of a policyholder in a
				mutual insurance company, of a depositor in a mutual savings association, or a
				similar proprietary interest, unless there is a reasonable possibility that the
				value of the interest will be affected by the judge's decision; or
(iv)
Ownership of an interest in government securities,
				unless there is a reasonable possibility that the value of the interest will be
				affected by the judge's decision;
(3)
Personal Relationships. Administrative law judges
				shall disqualify themselves if:
(a)
The judge or the judge's spouse, civil union
				partner, or domestic partner, or a first cousin or more closely related
				relative to either of them, or the spouse, civil union partner, or domestic
				partner of such relative, or to the judge's knowledge, a second cousin or
				related relative to either of them, as defined below, or the spouse, civil
				union partner, or domestic partner of such relative is a party to the
				proceeding or is likely to be called as a witness in the
				proceeding.
(b)
The judge or the judge's spouse, civil union
				partner, or domestic partner, or a first cousin or more closely related
				relative to either of them, or the spouse, civil union partner, or domestic
				partner of such relative is a lawyer or representative for a
				party.
(c)
The judge or the judge's spouse, civil union
				partner, or domestic partner, or any member of the judge's family residing in
				the judge's household has an interest in the litigation, including among other
				things, a financial interest, as defined by Rule 3.15(B)(2), in an enterprise
				related to the litigation.
(d)
The administrative law judge has a social
				relationship with a party, a lawyer for a party, or the representative for a
				party of a nature that would give rise to partiality or the appearance of
				partiality;
(4)
Prior Professional Relationships. Administrative law
				judges shall disqualify themselves based on their prior professional
				relationships as follows:
(a)
In proceedings in which the judge served as a lawyer
				in the matter in controversy or in which the judge has been a witness or may be
				called as a witness;
(b)
In proceedings in which a party was a former private
				client for whose matter the judge had primary responsibility, disqualification
				is necessary for a period of seven years following the conclusion of that
				representation. However, disqualification for a period of time in excess of
				seven years from the conclusion of the representation may be required in
				certain circumstances. In making that determination, a judge should consider,
				among other relevant factors:
1.
the scope of the representation, including, but not
				limited to, the cumulative number of matters handled by the judge, whether a
				continuous fiduciary relationship existed with the client over an extended
				period of time, and the length of time that has elapsed since the conclusion of
				that representation;
2.
the duration of the representation;
3.
the nature of the representation, including, but not
				limited to, the acrimonious nature of the underlying litigation and any
				information acquired about the client as a consequence of that representation
				that could cast doubt on the judge's impartiality; and
4.
in respect of a corporate client, whether the
				principals of the entity are the same as existed during the
				representation.
For purposes of this rule, an insurance company that
				retained the administrative law judge to defend its insureds in tort actions
				shall not be considered a former client of the judge.
(c)
In proceedings in which a party is a governmental
				entity that previously employed the judge:
(i)
for a period of two years following judicial
				appointment if the judge was employed as a State government attorney, county
				prosecutor, or assistant county prosecutor; provided, however, that prior
				employment as a State government attorney with broad supervisory authority
				shall not disqualify judges who had no actual involvement in the matter while
				in government service; and
(ii)
for a period of five years following judicial
				appointment if the judge represented a local government entity;
(d)
In proceedings in which the judge's former law firm
				is involved, for a period of at least seven years following termination of the
				relationship or until all financial obligations of the law firm to the judge
				are satisfied, whichever is longer; and/or
(e)
In proceedings in which the judge's former law clerk
				is appearing or has signed papers, for a period of six months following
				termination of the clerkship;
(5)
Post-Retirement Employment. Administrative law
				judges shall disqualify themselves if the judge has initiated contact about or
				discussed or negotiated his or her post-retirement employment with any party,
				attorney, or law firm involved in any matter pending before the judge in which
				the judge is participating personally and substantially, regardless of whether
				or not the discussions or negotiations lead to employment of the judge by the
				party, attorney, or law firm; and/or
(6)
Irrespective of the time periods specified in this
				rule, administrative law judges shall disqualify themselves whenever the nature
				of the relationship to a party or a lawyer, because of a continuing social
				relationship or otherwise, would give rise to partiality or the appearance of
				partiality.
(C)
A disqualification required by this rule is not
				subject to the parties' waiver. The administrative law judge shall, however,
				disclose to the parties any circumstance not deemed by the judge to require
				disqualification, but which might be regarded by the parties as affecting the
				judge's impartiality.
(D)
An administrative law judge shall address
				disqualification or issues of recusal and disqualification promptly upon
				recognition of grounds that would give rise to partiality or the appearance of
				partiality.
(E)
An administrative law judge shall not be
				automatically disqualified upon learning that a complaint has been filed
				against the judge with the Director of the Office of Administrative Law,
				litigation naming the judge as a party, or any other complaint about the judge
				by a party. If, however, the judge concludes that there is a reasonable basis
				to question the court's impartiality, the judge may recuse himself or herself.
				An administrative law judge shall promptly disclose to the parties to the
				pending litigation that a complaint has been filed or made.
Commentary: Administrative law judges must be available
				to decide the matters that come before the court. Although there are times when
				disqualification is necessary to protect the rights of litigants and preserve
				public confidence in the independence, integrity, and impartiality of the
				Office of Administrative Law, unwarranted disqualification may bring public
				disfavor to the Office and to the judge personally. The dignity of the Office,
				the judge's respect for fulfillment of judicial duties, and a proper concern
				for the burdens that may be imposed upon the judge's colleagues require that a
				judge not use disqualification to avoid cases that present difficult,
				controversial, or unpopular issues.
In determining whether disqualification is necessary,
				the applicable standard is as follows: Would a reasonable, fully informed
				person have doubts about the judge's impartiality. DeNike v. Cupo, 196 N.J.
				502.
For purposes of this rule, as with New Jersey Court
				Rule 1:12-1, a "first cousin or more closely related relative" includes first
				cousin, aunt or uncle, niece or nephew, grandparent, grandchild, child, parent,
				or sibling. A "second cousin or related relative" includes a second cousin,
				great aunt or uncle, first cousin once removed (for example., a first cousin's
				child or a great aunt or uncle's child), great grandparent, or grandniece or
				grandnephew, or great grandchild. Judges shall keep informed about their
				personal and fiduciary interests and make reasonable efforts to keep informed
				about the personal financial interests of their spouse, civil union partner, or
				domestic partner, and family members residing in the judge's household.
				"Knowledge" means actual knowledge of the fact in question. However, knowledge
				may be inferred from the circumstances.
The fact that a lawyer in a proceeding is affiliated
				with a law firm with which a lawyer- relative of the administrative law judge
				is affiliated does not itself disqualify the judge. If, however, the judge's
				impartiality might reasonably be questioned under paragraph (B), or the lawyer-
				relative is known by the judge to have an interest in the law firm that could
				be substantially affected by the proceeding under paragraph (B)(3)(c), the
				judge's disqualification is required.
In making such a determination, an administrative law
				judge should consider, among other relevant factors: (1) the degree of
				relationship between the judge and the relative affiliated with the firm (for
				example, sister, nephew, nephew's spouse); (2) the closeness of the
				relationship between the judge and the relative; (3) whether the relative's
				affiliation with the firm was known to the judge without counsel making the
				court aware of such affiliation; (4) the size of the law firm the relative is
				affiliated with; (5) the relative's role in the law firm (for example, owner or
				equity interest holder, associate, intern); (6) the relative's relationship, if
				any, to the lawyer in the proceeding; (7) whether the law firm represents a
				named party to the action as opposed to an entity proceeding (or seeking to
				proceed) as amicus curiae; (8) the timing of the law firm's commencement of
				participation in the proceeding; (9) whether the law firm is providing its
				services pro bono, if such an arrangement is known by the judge; and (10) the
				nature of the proceedings.
(
Note
that this comment addresses only
				whether a lawyer-relative renders the judge disqualified from hearing all
				matters involving the law firm with which the relative is affiliated. Nothing
				in this comment should be read to permit a judge to hear proceedings in which a
				lawyer in the case is related (as first cousin or closer) to the judge or the
				judge's spouse, civil union partner, or domestic partner.)
In evaluating whether a judge should be disqualified
				from proceedings in which a party was a former private client of the judge for
				a period of time in excess of seven years from the conclusion of the
				representation, judges should be guided by DeNike v. Cupo, 196 N.J.
				502.
A lawyer in a governmental agency does not necessarily
				have an association with other lawyers employed by that agency within the
				meaning of this rule; judges formerly employed by governmental agencies,
				however, should disqualify themselves in a proceeding if their impartiality
				might reasonably be questioned because of the association.
An administrative law judge may not initiate contact
				about or discuss or negotiate his or her post-retirement employment with any
				party, attorney, or law firm involved in any matter pending before the judge in
				which the judge is participating personally and substantially. A matter pending
				before the judge includes any matter or aspect of a matter that has not been
				completed, even if only the performance of a ministerial act remains
				outstanding, such as signing a consent order or a similar order. If the subject
				is raised in any fashion, the judge must put a halt to the discussion or
				negotiation at once, rebuff any offer, and disclose what occurred on the record
				in the presence of all parties and counsel. The judge, all parties, and
				attorneys on the record should then evaluate objectively whether any further
				relief is needed.
A judge who engages in post-retirement employment
				negotiations or discussions while still on the bench with any party, attorney,
				or law firm that does not have a matter pending before the judge, must do so in
				a way that minimizes the need for disqualification, does not interfere with the
				proper performance of the judge's judicial duties, and upholds the integrity of
				the Office of Administrative Law. A judge should delay starting any such
				negotiations or discussions until shortly before his or her planned retirement,
				and should discuss post-retirement employment opportunities with the fewest
				possible number of prospective employers. A judge should also inform the
				Director/Chief Judge of the Office of Administrative Law about the
				post-retirement employment negotiations or discussions to the extent that such
				negotiations or discussions will interfere with the judge's regular
				assignments.
A judge should not initiate contact about or discuss
				or negotiate his or her post-retirement employment with a party, attorney, or
				law firm that has in the past appeared before the judge until the passage of a
				reasonable interval of time, so that the judge's impartiality in the handling
				of the case cannot reasonably be questioned. What is reasonable depends on the
				circumstances. For instance, it may be that an uncontested matter resolved
				swiftly by entry of a default judgment; such a circumstance may not call for
				the passage of a lengthy intervening period of time. Prolonged or particularly
				acrimonious litigation may caution in favor of a longer delay. Actions likely
				to result in continuing post-judgment matters would also warrant a lengthier
				intervening period of time.
The rule of necessity may override the rule of
				disqualification. For example, a judge might be required to participate in
				judicial review of a judicial salary statute, or might be the only judge
				available in a matter requiring immediate judicial action, such as a hearing on
				probable cause or a temporary restraining order. In matters that require
				immediate action, the judge must disclose on the record the basis for possible
				disqualification and make reasonable efforts to transfer the matter to another
				judge as soon as practicable.
The provision in Rule 3.15(C) is designed to avoid the
				possibility that a party or lawyer will feel coerced into
				consent.
CANON 4
AN ADMINISTRATIVE LAW JUDGE MAY ENGAGE IN ACTIVITIES TO
				IMPROVE THE LAW, THE LEGAL SYSTEM, AND THE ADMINISTRATION OF
				JUSTICE
RULE 4 Activities Related to the Administrative Judicial
				Function
An administrative law judge, subject to the proper
				performance of administrative judicial duties, may engage in the following
				related activities if, in doing so, the administrative law judge does not cast
				doubt on his or her capacity to decide impartially any issue that may come
				before the court:
(A)
An administrative law judge may speak, write,
				lecture, and participate in other activities concerning the law, the legal
				system, and the administration of justice.
(B)
An administrative law judge may teach concerning the
				law, the legal system, and the administration of justice.
(C)
An administrative law judge may serve as a member,
				officer, or director of a nongovernmental organization devoted to the
				improvement of the law, the legal system, or the administration of justice, but
				may not assist the organization in raising funds or participate in their
				management and investment. A full-time judge may participate as a member of a
				local or state bar association, but may not serve as an officer or trustee, and
				may only serve on committees of the association subject to such conditions as
				determined by the Supreme Court.
(D)
A judge may encourage lawyers to provide pro bono
				legal services.
Commentary: An administrative law judge is in a unique
				position to contribute to the improvement of the law, the legal system, and the
				administration of justice, including revision of substantive and procedural law
				and improvement of the justice system. To the extent that time permits, a judge
				is encouraged to do so through a bar association, judicial conference, other
				organization dedicated to the improvement of the law or through an appropriate
				administrative judicial official charged with administrative
				responsibility.
CANON 5
AN ADMINISTRATIVE LAW JUDGE SHALL SO CONDUCT THE JUDGE'S
				EXTRAJUDICIAL ACTIVITIES AS TO MINIMIZE THE RISK OF CONFLICT WITH
				ADMINISTRATIVE JUDICIAL OBLIGATIONS
RULE 5.1 Extrajudicial Activities in
				General
(A)
Administrative law judges shall conduct their
				extrajudicial activities in a manner that would not cast reasonable doubt on
				the judge's capacity to act impartially as a judge, demean the Office of
				Administrative Law, or interfere with the proper performance of administrative
				judicial duties.
(B)
An administrative law judge shall not:
(1)
Participate in activities that can be reasonably
				anticipated to lead to frequent disqualification;
(2)
Participate in activities that would appear to
				reasonable, fully informed persons to undermine the administrative law judge's
				independence, integrity, or impartiality;
(3)
Make use of court premises, staff, stationery,
				equipment, or other resources for extrajudicial activities, except for
				incidental use involving activities that concern the law, the legal system, or
				the administration of justice, or unless such additional use is permitted by
				law, administrative directive, or Office of Administrative Law policy. De
				minimis or other incidental personal use of judiciary equipment or facilities,
				such as telephones, computers, scanners, fax machines, and copiers, do not
				violate this rule.
(C)
Upon notice to and approval by the Director of the
				Office of Administrative Law, an administrative law judge may appear at a
				public hearing before an executive or legislative body or official on matters
				concerning the law, the legal system or the administration of justice.
(D)
An administrative law judge may communicate with
				government officials on matters concerning the administration of justice within
				the judge's official responsibility.
(E)
An administrative law judge may act pro se in a
				matter involving the judge's legal or economic interests, or when the judge is
				acting in a fiduciary capacity as permitted in Rule 5.8.
RULE 5.2 Avocational Activities
A judge may write, lecture, teach, speak, and participate
				on non-legal subjects, and engage in the arts, sports, and other social and
				recreational activities provided these activities do not detract from the
				dignity of the judicial office or interfere with the performance of
				administrative judicial duties.
RULE 5.3 Affiliation with Discriminatory
				Organizations
(A)
An administrative law judge shall not hold
				membership in any organization that practices invidious discrimination on any
				of the bases prohibited by Rule 3.6(A)
(B)
An administrative law judge shall not accept
				benefits from or use the facilities of an organization if the judge knows or
				should know that the organization practices invidious discrimination on any of
				the bases prohibited by Rule 3.6(A), or as otherwise proscribed by
				law.
Commentary: An administrative law judge's membership in
				an organization that practices invidious discrimination creates the perception
				that the judge's impartiality is impaired.
An organization is generally said to discriminate
				invidiously if it arbitrarily excludes from membership, on the bases prohibited
				by Rule 3.6(A), persons who would otherwise be eligible for admission. Whether
				an organization practices invidious discrimination cannot be determined from an
				examination of an organization's current membership rolls, but rather depends
				on how the organization selects members, as well as other relevant factors,
				including, but not limited to, whether the organization is dedicated to
				religious, ethnic, or cultural values of legitimate common interest to its
				members. Organizations dedicated to the preservation of religious, spiritual,
				charitable, civic, or cultural values that do not stigmatize any excluded
				persons are not considered to discriminate invidiously.
When an administrative law judge learns that an
				organization to which the judge belongs engages in invidious discrimination,
				the judge must resign immediately from the organization.
RULE 5.4 Participation in Educational, Religious,
				Charitable, Fraternal, or Civic Organizations and Activities
An administrative law judge may participate in civic and
				charitable activities that do not reflect adversely on the judge's impartiality
				or interfere with the performance of administrative judicial duties. A judge
				may serve as an officer, director, trustee, or non-legal advisor of an
				educational, religious, charitable, fraternal, or civic organization whose
				purpose is not to advance the economic or political advantage of its members,
				subject to the following limitations:
(A)
An administrative law judge shall not serve if it is
				likely that the organization will be engaged in proceedings that would
				ordinarily come before the judge or will be regularly engaged in adversarial
				proceedings in any court.
(B)
An administrative law judge shall not solicit funds
				for any educational, religious, charitable, fraternal, or civic organization,
				or use or permit the use of the prestige of the Office of Administrative Law
				for that purpose. A judge shall not be listed as an officer, director, or
				trustee of such an organization in any letters or other documents used in such
				solicitations. A judge shall not be a speaker or the guest of honor at an
				organization's fundraising events, but may attend such events and contribute to
				such organizations.
(C)
An administrative law judge shall not give
				investment advice to such an organization, nor may a judge serve on its board
				of directors or trustees, if the board has the responsibility for approving
				investment decisions.
(D)
An administrative law judge's name, but not a
				judge's position and title, may appear on the organization's letterhead and in
				literature regarding that organization.
Commentary: The changing nature of some organizations
				and their relationship to the law makes it necessary for judges to reexamine
				regularly the activities of each organization with which they are affiliated to
				determine whether the relationship should be continued.
Administrative law judges shall inform organizations
				of the limitations associated with their participation in educational,
				religious, charitable, fraternal, or civic organizations and activities.
				Specific prohibitions include identification of a judge's position and title on
				the letterhead of an organization, regardless of the intended use of that
				letterhead, and any involvement of a judge in the solicitation of funds for the
				organization.
A judge's participation in an organization devoted to
				law-related activities is governed by Canon 4.
RULE 5.5 Financial, Business, or Remunerative Activities
(A)
Administrative law judges shall refrain from
				financial and business dealings that tend to reflect adversely on their
				impartiality, interfere with the proper performance of judicial duties, exploit
				the judicial position, or involve the judge in transactions with lawyers or
				persons likely to come before the Office of Administrative Law.
(B)
Administrative law judges may hold investments,
				including real estate, but shall not serve as an officer, director, manager,
				advisor, or employee of any business, except upon notice to and approval by the
				Director of the Office of Administrative Law.
(C)
Administrative law judges should manage their
				investments and other financial interests to minimize the number of cases in
				which they are disqualified.
RULE 5.6 Acceptance of Gifts, Loans, Bequests, Benefits,
				or Other Things of Value
Neither an administrative law judge nor a member of the
				judge's family residing in the same household should accept a gift, bequest,
				favor, or loan from anyone, except as follows:
(A)
An administrative law judge may accept a gift of
				nominal value incident to a public testimonial; books supplied by publishers on
				a complimentary basis for official use; or an invitation to the judge to attend
				a bar-related function or activity devoted to the improvement of the law, the
				legal system, or the administration of justice, except as limited by Canon 6,
				Rule 6;
(B)
An administrative law judge may accept gifts, loans,
				bequests, benefits, or other things of value from persons whose appearance or
				interest in a proceeding pending or impending before the judge would in any
				event require disqualification of the judge under Rule 3.16, including Rule
				3.16(B)(6), which requires disqualification of a judge when the nature of the
				judge's relationship to a party or an attorney would give rise to partiality or
				the appearance of partiality;
(C)
An administrative law judge or a member of the
				judge's family residing in the same household may accept ordinary social
				hospitality; gifts, favors, or commercial loans made in the regular course of
				business on the same terms available to the general public; or a scholarship or
				fellowship awarded on the same terms applied to other applicants;
(D)
An administrative law judge or a member of the
				judge's family residing in the same household may accept any other gift,
				bequest, favor, or loan, only if the donor is not a party or other person whose
				interests have come or are likely to come before the judge.
(E)
For the purposes of this rule, "member of the
				judge's family residing in the same household" means any relative of an
				administrative law judge by blood or marriage, civil union partner, domestic
				partner, or a person treated by a judge as a member of the family, who resides
				in the same household as the judge.
RULE 5.7 Disclosure of Information
Information acquired by an administrative law judge in an
				administrative judicial capacity shall not be used or disclosed by the judge in
				financial dealings or for any purpose not related to judicial duties.
Commentary: In the course of performing administrative
				judicial duties, an administrative law judge may acquire information of
				commercial or other value that is unavailable to the public. Judges shall not
				reveal or use such information for personal gain or for any purpose unrelated
				to their administrative judicial duties.
This rule is not intended to affect a judge's ability
				to act on information as necessary to protect the health or safety of the judge
				or a member of a judge's family, court personnel, or other judicial officers
				when consistent with other provisions of this Code.
RULE 5.8 Fiduciary Activities
An administrative law judge shall not serve as an
				executor, administrator, trustee, guardian, or other fiduciary, except for the
				estate, trust, or person of a member of the judge's family, and then only when
				such service will not interfere with the proper performance of judicial duties.
				"Member of the judge's family" includes a spouse, civil union partner, domestic
				partner, child, grandchild, parent, grandparent, or other relative or person
				with whom the judge maintains or maintained a familial relationship. As a
				family fiduciary a judge is subject to the following
				restrictions:
(A)
The administrative law judge shall not serve as a
				fiduciary if that service is likely to result in litigation that would
				ordinarily come before the judge, or if the estate, trust, or ward becomes
				involved in adversary proceedings in the court on which the judge serves or
				under its appellate jurisdiction.
(B)
While acting as a fiduciary for a member of the
				judge's family, an administrative law judge is subject to the same restrictions
				on financial activities that apply to the judge in a personal capacity.
(C)
On becoming an administrative law judge, persons
				serving as fiduciaries shall comply with this rule as soon as reasonably
				practicable, upon notice to and approval by the Director of the Office of
				Administrative Law.
Commentary: When an administrative law judge who is a
				beneficiary of an estate serves as an executor or administrator as permitted by
				this rule and receives a fee solely for the purpose of reducing the tax
				liability of the estate, receipt of that fee does not constitute "compensation"
				under Canon 6.
RULE 5.9 Serving as Arbitrator or Mediator
An administrative law judge shall not act as an
				arbitrator or mediator or perform other judicial functions apart from the
				judge's official duties unless expressly authorized by law.
Commentary: This Rule does not prohibit an
				administrative law judge from participating in arbitration, mediation, or
				settlement conferences performed as part of assigned judicial duties. Rendering
				dispute resolution services apart from those duties is prohibited unless it is
				expressly authorized by law.
RULE 5.10 Practice of Law
An administrative law judge shall not practice law, with
				or without compensation.
RULE 5.11 Appointments to Governmental
				Positions
An administrative law judge shall not accept appointment
				to a governmental committee, commission, or other position, except with prior
				approval of the Director of the Office of Administrative Law.
CANON 6
AN ADMINISTRATIVE LAW JUDGE SHALL NOT RECEIVE
				COMPENSATION FOR QUASI-JUDICIAL AND EXTRAJUDICIAL ACTIVITIES
RULE 6 Compensation for Quasi-Judicial and Extrajudicial
				Activities
(A)
Except as otherwise provided in (B) below, an
				administrative law judge shall not receive compensation for quasi-judicial and
				extrajudicial activities permitted by this Code, but may receive reimbursement
				of actual expenses that the judge reasonably incurred for travel, food, and
				lodging, provided that the source or amount of such reimbursement, or the
				location of the activity, does not give the appearance of influencing the judge
				in the exercise of judicial duties or otherwise create an appearance of
				impropriety.
(B)
Upon notice to, and approval by, the Director of the
				Office of Administrative Law, an administrative law judge may receive
				compensation for teaching at law schools or colleges, provided that the source
				of the payment does not give the appearance of impropriety.
CANON 7
AN ADMINISTRATIVE LAW JUDGE SHALL REFRAIN FROM POLITICAL
				ACTIVITY
RULE 7 Political Activity
(A)
An administrative law judge shall not engage in any
				political activity, including, but not limited to:
(1)
Holding membership or office in a political
				organization;
(2)
Making speeches for a political organization or
				candidate, or publicly endorsing a candidate for public office;
(3)
Attending political functions that are likely to be
				considered as political in nature; or
(4)
Soliciting funds, paying an assessment, or making a
				contribution to a political organization or candidate, or purchasing tickets
				for political party dinners or other functions.
(B)
An administrative law judge shall resign from office
				when the judge becomes a candidate for an elective public office or is
				nominated thereto.
Commentary: The proscription against
				membership in a political organization does not prohibit an administrative law
				judge from registering with a political party to vote.
Applicability
All administrative law judges, including temporary
				assignment administrative law judges and administrative law judges on recall,
				shall comply with the Code of Conduct for Administrative Law
				Judges.