41 Ind. Admin. Code 1-3-1

Current through September 4, 2024

Section 41 IAC 1-3-1 - Advisory opinions regarding the code of judicial conduct

Authority: IC 4-15-10.5-10; IC 4-15-10.5-11

Affected: IC 4-21.5-3-10

Sec. 1.

(a) An administrative law judge may request in writing an advisory opinion concerning the code of judicial conduct from the director.

(b) The director must respond in writing to all requests for advisory opinions concerning the code of judicial conduct as soon as practicable.

(c) The director will refer requests for advisory opinions that involve the Indiana code of ethics to the inspector general or state ethics commission.

(d) Advisory opinions and requests for advisory opinions are confidential.

(e) Acting in accordance with an advisory opinion is an absolute defense to an alleged violation of the code of judicial conduct, provided:

(1) the administrative law judge requested an advisory opinion prior to the occurrence of the alleged violation;

(2) the request for an advisory opinion accurately represented the facts; and

(3) the administrative law judge acted in complete compliance with the advisory opinion.

41 IAC 1-3-1

Office of Administrative Law Proceedings; 41 IAC1-3-1; filed 10/1/2020, 10:08 a.m.: 20201028-IR-041200290FRA