Chapter V - EXTRA-JUDICIAL ACTIVITIES

As amended through June 10, 2024

A. An Administrative Law Judge shall conduct all of the Administrative Law Judge's extra-judicial activities so that they do not:

(1) cast reasonable doubt on the Administrative Law Judge's capacity to act impartially as an Administrative Law Judge;

(2) demean either the Office of Administrative Hearings or the position of Administrative Law Judge; or

(3) interfere with the proper performance of the Administrative Law Judge's duties.

B. An Administrative Law Judge may write, lecture, teach and speak on non-legal subjects and engage in the arts, sports and other social and recreational activities.

C. An Administrative Law Judge may participate in civic and charitable activities that do not reflect adversely upon impartiality or interfere with the performance of judicial duties. An Administrative Law Judge may participate in or serve as an officer, director, trustee or advisor of an educational, religious, charitable, fraternal or civic organization not conducted for the economic or political advantage of its members, subject to the following limitations:

(1) an Administrative Law Judge should not serve if it is likely that the organization will be engaged in proceedings that would ordinarily come before the Administrative Law Judge or will be regularly engaged in adversary proceedings before OAH; and

(2) an Administrative Law Judge should not use or permit the use of the prestige of the Administrative Law Judge's office for the purpose of soliciting funds for any educational, religious, charitable, fraternal, civic or political organization, but the Administrative Law Judge may be listed as an officer, director or trustee of such an organization. The Administrative Law Judge should not be a speaker or the guest of honor at an organization's fund raising events, but may attend such events.

D. An Administrative Law Judge shall refrain from financial and business dealings that tend to reflect adversely on impartiality, interfere with the proper performance of judicial duties, exploit the Administrative Law Judge's official position or involve the Administrative Law Judge in frequent financial transactions with lawyers or persons likely to come before OAH.

E. Subject to the requirements of Section D of this Chapter, an Administrative Law Judge may hold and manage personal investments, including real estate, and engage in other remunerative activity consistent with this Code and applicable law.

F. An Administrative Law Judge shall manage the Administrative Law Judge's investments and other financial interests to minimize the number of cases in which the Administrative Law Judge is disqualified. As soon as Administrative Law Judges can do so without serious financial detriment, Administrative Law Judges shall divest themselves of investments and other financial interests that might require frequent disqualification.

G. Neither an Administrative Law Judge nor a member of the family residing in the Administrative Law Judge's household should accept a gift, bequest, favor or loan from anyone except as follows:

(1) an Administrative Law Judge may accept a gift incident to a public testimonial to the Administrative Law Judge, books supplied by publishers on a complimentary basis for official use, or an invitation to the Administrative Law Judge and the Administrative Law Judge's spouse to attend a function or activity devoted to the improvement of the law, the legal system or the administration of justice;

(2) an Administrative Law Judge or a member of the family residing in the household may accept ordinary social hospitality; a gift, bequest, favor or loan from a relative or close personal friend; a wedding or engagement gift; a loan from a lending institution in its regular course of business on the same terms generally available to persons who are not Administrative Law Judges; or a scholarship or fellowship awarded on the same terms applied to other applicants; and

(3) an Administrative Law Judge or a member of the family residing in the 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 Administrative Law Judge, or the gift is otherwise consistent with relevant agency rules and is reported to the extent required by such rules and other applicable laws.

H. For purposes of Section G of this Chapter, "member of the family residing in the household" means any relative of the Administrative Law Judge by blood or marriage or adoption, or a person treated by an Administrative Law Judge as a member of the family, who resides in the household.

I. An Administrative Law Judge is not required by this Code to disclose income, debts or investments, except as provided by law.

J. Information acquired by Administrative Law Judges in their judicial capacity shall not be used or disclosed by the Administrative Law Judge in financial dealings or for any other purpose not related to judicial duties.

K. An Administrative Law Judge shall not serve as an executor, administrator, trustee, guardian or other fiduciary if such service will interfere with the proper performance of judicial duties or if it is likely that as a fiduciary the Administrative Law Judge will be engaged in proceedings that would ordinarily come before the Administrative Law Judge, or if the estate, trust or ward becomes involved in adversary proceedings in OAH or in an agency under OAH's appellate jurisdiction. Subject to the requirements of this Code, and in accordance with Section M of this Chapter, nothing in this Section shall be construed to prevent an Administrative Law Judge from serving as an executor, administrator, trustee, guardian or other fiduciary for a member of the judge's family.

L. While acting as a fiduciary under this provision, an Administrative Law Judge is subject to the same restrictions on financial activities that apply to the Administrative Law Judge in the Administrative Law Judge's personal capacity.

M. An Administrative Law Judge may act as an arbitrator or mediator in any proceeding before OAH if such activity does not affect the independent professional judgment of the Administrative Law Judge or the conduct of his or her official duties. An Administrative Law Judge shall not be an arbitrator or mediator over a matter which the Administrative Law Judge may later preside. Subject to the requirements of this Section, an Administrative Law Judge may, without compensation, act as an arbitrator or mediator where such service contributes to the improvement of the law, the legal system or the administration of justice, but may not do so in any dispute if any party to the dispute is likely to appear before OAH, or if the subject matter of the dispute is similar to any subject matter within OAH's jurisdiction. An Administrative Law Judge may act pro se and may, without compensation, give legal advice to and draft or review documents for a member of the judge's family.

N. Subject to the requirements of this Code, an Administrative Law Judge may not give legal advice to and draft or review documents for persons who are not members of the judge's family, except in infrequent circumstances in which it would substantially advance equity and justice, and in which:

(1) the assistance is provided without compensation;

(2) the assistance is expressly limited in scope and duration; and

(3) the assistance is provided with the express written waiver of the Chief Administrative Law Judge.

O. Except as provided in Sections M and N of this Chapter, an Administrative Law Judge shall not practice law, or act as an arbitrator or mediator.

P. An Administrative Law Judge shall not serve as an officer, director, manager, general partner, advisor, independent contractor or employee of any business entity except that an Administrative Law Judge may, subject to the requirements of this Code, manage and participate in:

(1) a business closely held by the Administrative Law Judge or members of the Administrative Law Judge's family residing in the household, as defined in Section H of this Chapter; or

(2) a business entity primarily engaged in investment of the financial resources of the Administrative Law Judge or the members of the Administrative Law Judge's family residing in the household, as defined in Section H of this Chapter.

Q. An Administrative Law Judge may accept appointment to a governmental committee, commission or other position that is concerned with issues of policy, rather than issues affecting individuals and limited groups, on matters which may come before the Administrative Law Judge if such appointment neither affects the independent professional judgment of the Administrative Law Judge nor the conduct of the Administrative Law Judge's official duties. If a matter directly involving such an issue comes before the Administrative Law Judge, he or she shall promptly disclose the appointment to the parties before him or her, and shall recuse himself or herself on the motion of any party.

R. An Administrative Law Judge may receive compensation and reimbursement of expenses for the quasi-judicial and extra-judicial activities permitted by this Code, if the source of such payments does not give the appearance of influencing the Administrative Law Judge in the Administrative Law Judge's official duties or otherwise give the appearance of impropriety, subject to the following restrictions:

(1) compensation should not exceed a reasonable amount nor should it exceed what a person who is not an Administrative Law Judge would receive for the same activity; and

(2) expense reimbursement should be limited to the actual cost of travel, food and lodging reasonably incurred by the Administrative Law Judge and where appropriate to the occasion, by the Administrative Law Judge's spouse or guest. Any payment in excess of such an amount is compensation for purposes of this provision.

S. An Administrative Law Judge shall not act as a leader or hold an office in a political organization or party, a substantial purpose of which is to further the election or appointment of candidates to political office,

T. An Administrative Law Judge shall not solicit funds for or be compelled to pay an assessment to a political organization or candidate or purchase tickets for political dinners or other similar functions.

U. An Administrative Law Judge shall resign from judicial office when the Administrative Law Judge becomes a candidate either in a party primary or in a partisan general election except that the Administrative Law Judge may continue to hold office, while being a candidate for election to or serving as a delegate in a jurisdiction's constitutional convention, if otherwise permitted by law to do so.

V. An Administrative Law Judge should not engage in any other partisan political activity.