SECTION 2 - 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.
Index to Code
Preface
Applicability -
Compliance with Code of Judicial Conduct
Definitions
Canon 1 - An Administrative Law Judge Shall Uphold the Integrity
and Independence of the Administrative Judiciary
Canon 2 - An Administrative
Law Judge Shall Avoid Impropriety
and the Appearance of Impropriety in All Activities
Canon 3 - An Administrative
Law Judge Shall Perform the Duties
of the Office Impartially and Diligently
Canon 4 - An Administrative
Law Judge May Engage in Activities to Improve the Law, the Legal System, and the Administration of Justice
Canon 5 - An Administrative
Law Judge Should Regulate Extra-Judicial Activities to Minimize the Risk of Conflict with Judicial
Duties
Canon 6 - An Administrative
Law Judge Shall Limit Compensation
Received for Certain Activities
Canon 7 - An Administrative
Law Judge Shall Refrain from
Political Activity Inappropriate to the Judicial Office
OAH Statutory References
Quick Contact
Allen C. Hoberg, Director
Office of Administrative Hearings
2911 N 14th St - Ste 303
Bismarck, ND 58503
Tel: (701) 328-3200
Fax: (701) 328-3254
Email: oah@nd.gov
