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Administrative Law Judge Advisory Opinions

INDEX to ALJ ADVISORY OPINIONS

2006-01 TO 2007-01

DEFINITION OF ADMINISTRATIVE LAW JUDGE

2006-02 Although not an ALJ by job title, a hearing examiner or grievance evaluator, whose job description requires him/her to: adjudicate administrative hearings; research cases; review physical, financial or employment information; draft decisions; and make decisions based on admissible evidence, is an ALJ and subject to the Code of Conduct.

JURISDICTION

2006-02 Although not an ALJ by job title, a hearing examiner or grievance evaluator, whose job description requires him/her to: adjudicate administrative hearings; research cases; review physical, financial or employment information; draft decisions; and make decisions based on admissible evidence, is an ALJ and subject to the Code of Conduct

OUTSIDE PRACTICE OF LAW

2006-01 ALJ may engage in the outside practice of law with certain conditions

2007-01 ALJ may engage in the outside practice of law so long as he does not allow his private practice to take precedence over his judicial duties

2007-01  ALJ may engage in the outside practice of law with certain conditions so as to avoid any conflict of interest

2007-01  ALJ may engage in the outside practice of law with certain conditions so as to avoid the use of public resources for private gain.

VOLUNTEER/PRO BONO SERVICES

2006-01 ALJ may engage in volunteer/pro bono services with certain conditions

CONFLICT OF INTEREST / RECUSAL

2006-01 When engaged in the outside practice of law and/or in volunteer/pro bono services, ALJ must take steps to avoid conflict of interest and recuse himself from presiding over cases involving his former or present clients, attorneys with whom he practiced within the past two years, and attorneys to whom he referred, or from whom he received referral of a case.

2006-02 ALJ whose sister works: for the same agency, is the agency’s representative at the hearing over which the ALJ presides, and whose decision the ALJ reviews must recuse himself from presiding over such cases.

2006-02 For purposes of Rule 4.3.d.1.E, the following persons are relatives within the third degree of relationship: great-grandparent, grandparent, parent, uncle, aunt, brother, sister, child, grandchild, great-grandchild, nephew, or niece.

2006-02 ALJ with actual bias or prejudice concerning a party, a party’s lawyer or a party’s representative shall disqualify her/himself.

2006-02 The fact that an ALJ’s impartiality might reasonably be questioned may require her/his disqualification.

2007-01  When engaged in the outside practice of law, ALJ must take steps to avoid conflict of interest and recuse himself from cases that involve attorneys, within the last two years with whom he practiced; against whom he practiced; to whom he referred a case; or from whom he received referral of a case.

2007-01  Since the ALJ presides over matters involving governmental employers, in his private practice the ALJ must not practice before any state agency, department, board, commission, college, university, institution, state board of education, department of education, county board of education, regional educational service agency or multi-county vocational center.

REFERRALS

2006-01 ALJ’s contracts for the payment and acceptance of referral fees before the effective date of the Code of Conduct, coupled with his stated intention to discontinue such practice, render moot the question of whether the payment and acceptance of such referral fees violate the Code of Conduct.

2007-01  The Ethics Commission may refer inquiring ALJs to the WV State Bar for advice concerning compliance with the Rules of Professional Conduct.

RELIABLE SOURCES

2006-02 Although not bound by decisions of the Judicial Investigation Commission, the Ethics Commission may look to them for guidance.

MISCELLANEOUS

2007-01   An employer may impose more stringent requirements on its ALJs than those set forth in the Code of conduct for ALJs.


View issued opinions in their entirety by clicking the links below (. PDF format ) 

 ALJ AO 2006-01 issued May 4, 2006

 ALJ AO 2006-02 issued October 5, 2006

ALJ AO 2007-01 issued November 1, 2007

 

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