Current through Register Vol. 46, No. 19, March 20, 2024
An administrative law judge shall conduct the administrative
law judge's personal and extrajudicial activities to minimize the risk of
conflict with administrative judicial obligations.
(1)
Extrajudicial activities in
general. An administrative law judge may engage in extrajudicial
activities, except as prohibited by law or this Code. However, when engaging in
extrajudicial activities, an administrative law judge shall not:
a. Participate in activities that will
interfere with the proper performance of the administrative law judge's
administrative judicial duties;
b.
Participate in activities that will lead to frequent disqualification of the
administrative law judge;
c.
Participate in activities that would appear to a reasonable person to undermine
the administrative law judge's independence, integrity, or
impartiality;
d. Engage in conduct
that would appear to a reasonable person to be coercive; or
e. Make use of agency premises, staff,
stationery, equipment, or other resources, except for incidental use for
activities that concern the law, the legal system, the provision of legal
services, or the administration of justice, or unless such additional use is
permitted by law.
(3)
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, except when duly subpoenaed.
(4)
Appointments to governmental
positions. An administrative law judge shall not accept appointment to
a governmental committee, board, commission, or other governmental position
that would appear to a reasonable person to undermine the administrative law
judge's independence, integrity, or impartiality or would lead to frequent
disqualification of the administrative law judge.
(5)
Use of nonpublic
information. An administrative law judge shall not intentionally
disclose or use nonpublic information acquired in an administrative judicial
capacity for any purpose unrelated to the administrative law judge's
administrative judicial or other duties.
(6)
Affiliation with discriminatory
organizations.
a. An administrative
law judge shall not hold membership in any organization that practices
invidious discrimination on the basis of race, sex, gender, religion, national
origin, ethnicity, or sexual orientation. An administrative law judge's
membership in a religious organization as a lawful exercise of the freedom of
religion is not prohibited.
b. An
administrative law judge shall not use the benefits or facilities of an
organization if the administrative law judge knows or should know that the
organization practices invidious discrimination on one or more of the bases
identified in paragraph 15.3(6)"a. " An administrative law
judge's attendance at an event in a facility of an organization that the
administrative law judge is not permitted to join is not a violation of this
rule when the administrative law judge's attendance is an isolated event that
could not reasonably be perceived as an endorsement of the organization's
practices.
(7)
Participation in educational, religious, charitable, fraternal, or
civic organizations and activities.
a. Subject to the requirements of subrule
15.3(1), an administrative law judge may participate in activities sponsored by
organizations or governmental entities concerned with the law, the legal
system, the provision of legal services, or the administration of justice, and
those sponsored by or on behalf of educational, religious, charitable,
fraternal, or civic organizations not conducted for profit, including but not
limited to the following activities:
(1)
Assisting such an organization or entity in planning related to fund-raising,
volunteering goods or services at fund-raising events, and participating in the
management and investment of the organization's or entity's funds;
(2) Soliciting contributions for such an
organization or entity, but only from members of the administrative law judge's
family, or from other administrative law judges or coworkers in the
administrative law judge's immediate office over whom the administrative law
judge does not exercise supervisory authority;
(3) Appearing or speaking at, receiving an
award or other recognition at, being featured on the program of, and permitting
his or her title to be used in connection with an event of such an organization
or entity, but if the event serves a fund-raising purpose, the administrative
law judge may participate only if the event concerns the law, the legal system,
the provision of legal services, or the administration of justice;
(4) Making recommendations to such a public
or private fund-granting organization or entity in connection with its programs
and activities, but only if the organization or entity is concerned with the
law, the legal system, the provision of legal services, or the administration
of justice; and
(5) Serving as an
officer, director, trustee, or nonlegal advisor of such an organization or
entity, unless it is likely that the organization or entity:
1. Will be engaged in proceedings that would
ordinarily come before the administrative law judge; or
2. Will frequently be engaged in adversary
proceedings before the agency in which the administrative law judge
serves.
b. An
administrative law judge may encourage lawyers to provide pro bono publico
legal services.
c. Subject to the
requirements of subrule 15.3(1), an administrative law judge may:
(1) Provide leadership in identifying and
addressing issues involving equal access to the justice system; developing
public education programs; engaging in activities to promote the fair
administration of justice and convening, participating or assisting in advisory
committees and community collaborations devoted to the improvement of the law,
the legal system, the provision of legal services, or the administration of
justice.
(2) Endorse projects and
programs directly related to the law, the legal system, the provision of legal
services, and the administration of justice to those coming before the courts
or the administrative judiciary.
(3) Participate in programs concerning the
law or which promote the administration of justice.
(8)
Appointments to
fiduciary positions.
a. An
administrative law judge shall not accept appointment to serve in a fiduciary
position, such as executor, administrator, trustee, guardian, attorney in fact,
or other personal representative, except for the estate, trust, or person of a
member of the administrative law judge's family, and then only if such service
will not interfere with the proper performance of administrative judicial
duties.
b. An administrative law
judge shall not serve in a fiduciary position if the administrative law judge
as fiduciary will likely 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 before the agency in which the administrative
law judge serves.
c. An
administrative law judge acting in a fiduciary capacity shall be subject to the
same restrictions on engaging in financial activities that apply to an
administrative law judge personally.
d. If a person who is serving in a fiduciary
position becomes an administrative law judge, he or she must comply with this
subrule as soon as reasonably practicable, but in no event later than six
months after becoming an administrative law judge.
(9)
Services as arbitrator or
mediator. An administrative law judge shall not act as an arbitrator
or a mediator or perform other judicial functions apart from the administrative
law judge's official duties unless expressly authorized by law.
(10)
Practice of law. An
administrative law judge shall not engage in the private practice of law. 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
administrative law judge's family, but is prohibited from serving as the family
member's lawyer before the agency in which the administrative law judge serves.
An administrative law judge serving in the administrative hearings division of
the department of inspections and appeals is prohibited from serving as the
family member's lawyer in any proceeding in which another administrative law
judge serving in the division is the presiding officer, regardless of whether
the proceeding is being conducted on behalf of the department of inspections
and appeals or another state agency.
(11)
Financial, business, or
remunerative activities.
a. An
administrative law judge may hold and manage investments of the administrative
law judge and members of the administrative law judge's family.
b. An administrative law judge shall not
serve as an officer, director, manager, general partner, advisor, or employee
of any business entity except that an administrative law judge may manage or
participate in:
(1) A business closely held by
the administrative law judge or members of the administrative law judge's
family; or
(2) A business entity
primarily engaged in investment of the financial resources of the
administrative law judge or members of the administrative law judge's
family.
c. An
administrative law judge shall not engage in financial activities permitted
under paragraphs 15.3(ll)"o" and
"b" if they will:
(1) Interfere with the proper performance of
administrative judicial duties;
(2)
Lead to frequent disqualification of the administrative law judge;
(3) Involve the administrative law judge in
frequent transactions or continuing business relationships with lawyers or
other persons likely to come before the agency in which the administrative law
judge serves; or
(4) Result in
violation of other provisions of this Code.
(12)
Compensation for extrajudicial
activities. An administrative law judge may accept reasonable
compensation for extrajudicial activities permitted by this Code and other law
unless such acceptance would appear to a reasonable person to undermine the
administrative law judge's independence, integrity, or impartiality.
(13)
Acceptance of gifts, loans,
bequests, benefits, or other things of value. An administrative law
judge, an administrative law judge's spouse, and an administrative law judge's
dependent child shall not accept or receive any gift, loan, bequest, benefit,
or other thing of value, if acceptance or receipt is prohibited by Iowa Code
chapter 68B or any other law or if acceptance or receipt would appear to a
reasonable person to undermine the administrative law judge's independence,
integrity, or impartiality.
(14)
Reimbursement of expenses and waivers of fees or charges.
a. Unless otherwise prohibited by subrules
15.3(1) and 15.3(13), Iowa Code chapter 68B, or other law, an administrative
law judge may accept reimbursement of necessary and reasonable expenses for
travel, food, lodging, or other incidental expenses, or a waiver or partial
waiver of fees or charges for registration, tuition, and similar items, from
sources other than the administrative law judge's employing entity, if the
expenses or charges are associated with the administrative law judge's
participation in extrajudicial activities permitted by this Code.
b. Reimbursement of expenses for necessary
travel, food, lodging, or other incidental expenses shall be limited to the
actual costs reasonably incurred by the administrative law judge and, when
appropriate to the occasion, by the administrative law judge's spouse, domestic
partner, or guest.
