Applicability - Compliance with Code of Judicial Conduct
- Anyone who is designated or appointed to serve as an administrative law judge for the office of administrative hearings is subject to this code, including both full-time administrative law judges employed by the office of administrative hearings and temporary, contract administrative law judges. This code is a policy of the office of administrative hearings. Violations of this code, as reasonably interpreted by the director of the office of administrative hearings, or other persons authorized to interpret this code, may be a basis for disciplinary action against an administrative law judge, termination of a contract for the provision of administrative law judge services, or cessation of designations or appointments as an administrative law judge. The code is not designed or intended as a basis for civil liability or criminal prosecution.
- This code is to be construed so as not to impinge on the essential independence of administrative law judges in making judicial decisions. Although the text of the canons and sections is intended to govern conduct of administrative law judges and to be binding upon them, it is not intended that every transgression will result in disciplinary action, or termination of a contract or cessation of designations or appointments. Whether disciplinary or other action is appropriate, and the degree of discipline to be imposed or of other action to be taken, should be determined through a reasonable and reasoned application of the text and should depend on such factors as the seriousness of the transgression, whether there is a pattern of improper activity, and the effect of the improper activity on others or on the judicial system.
- All the rules of this code are rules of reason. See, e.g., section 3, subsection M regarding the meaning of the term “require” in this context.