Section 312IAC3-1-2.5. Applicable provisions of the code of judicial conduct to administrative law judges

  5. (a) The following definitions apply throughout this section:

(1) "Administrative law judge" means an administrative law judge for the natural resources commission.

(2) "Code of judicial conduct" refers to the code of judicial conduct adopted by the Indiana supreme court, effective March 1, 1993 (including amendments received through October 15, 2009).

  (b) This section is intended to assist with the implementation of IC 14-10-2-2(a)(2)(C), which requires administrative law judges to comply with the applicable provisions of the code of judicial conduct.

  (c) For purposes of this section, wherever in the code of judicial conduct the term:

(1) "court personnel" or a term of similar application is used, the term applies to an employee of the commission's division of hearings, other than an administrative law judge; and

(2) "judge" is used, the term applies to an administrative law judge.

  (d) Unless otherwise specified in subsection (e), the provisions of the code of judicial conduct are applicable to an administrative law judge. These provisions shall be liberally construed to implement the intention of IC 14-10-2-2.

  (e) The following provisions of the code of judicial conduct are inapplicable to an administrative law judge:

(1) Canon 2.17 and 2.8(C).

(2) Canon 3.2 and 3.4.

(3) Canon 3.9 if mediation services are provided in the ordinary course of commission employment or on a pro bono publico basis.

(4) Canon 3.10, to the extent that the practice of law in a representational capacity on a pro bono publico basis pursuant to the Indiana Rules of Professional Conduct, Rule 6.1 is prohibited. Such practice of law shall, however, be conducted subject to all applicable requirements of the code of judicial conduct.

(5) Canon 3.15(B) and 3.15(C).

(6) Canon 4.

(Natural Resources Commission; 312 IAC 3-1-2.5; filed Jan 26, 2007, 10:48 a.m.: 20070214-IR-312060107FRA; readopted filed Jul 21, 2008, 12:16 p.m.: 20080813-IR-312080052RFA; filed Jan 5, 2011, 3:14 p.m.: 20110202-IR-312100162FRA; readopted filed May 20, 2014, 9:48 a.m.: 20140618-IR-312140027RFA)