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Judicial Code of Conduct

This document provides the Code of Conduct for Judicial Employees. It begins with an overview that defines the scope of the code and provides context about its history and revisions. The bulk of the document is the text of the Code, which contains 5 Canons that establish standards for conduct, upholding integrity and independence, avoiding impropriety, adhering to duties of office, engaging in outside activities, and refraining from inappropriate political activity. Judicial employees are expected to comply with this Code.

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0% found this document useful (0 votes)
23 views14 pages

Judicial Code of Conduct

This document provides the Code of Conduct for Judicial Employees. It begins with an overview that defines the scope of the code and provides context about its history and revisions. The bulk of the document is the text of the Code, which contains 5 Canons that establish standards for conduct, upholding integrity and independence, avoiding impropriety, adhering to duties of office, engaging in outside activities, and refraining from inappropriate political activity. Judicial employees are expected to comply with this Code.

Uploaded by

Victor Mercado
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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Guide to Judiciary Policy

Vol. 2: Ethics and Judicial Conduct


Pt. A: Codes of Conduct

Ch. 3: Code of Conduct for Judicial Employees


§ 310 Overview
§ 310.10 Scope
§ 310.20 History
§ 310.30 Definitions
§ 310.40 Further Guidance

§ 320 Text of the Code


Canon 1: A Judicial Employee Should Uphold the Integrity and Independence of
the Judiciary and of the Judicial Employee's Office
Canon 2: A Judicial Employee Should Avoid Impropriety and the Appearance of
Impropriety in All Activities
Canon 3: A Judicial Employee Should Adhere to Appropriate Standards in
Performing the Duties of the Office
Canon 4: In Engaging in Outside Activities, a Judicial Employee Should Avoid
the Risk of Conflict with Official Duties, Should Avoid the Appearance of
Impropriety, and Should Comply with Disclosure Requirements
Canon 5: A Judicial Employee Should Refrain from Inappropriate Political
Activity

§ 310 Overview
§ 310.10 Scope
(a) This Code of Conduct applies to all employees of the judicial branch,
including interns, externs, and other volunteer court employees, except it
does not apply to Justices; judges; and employees of the United States
Supreme Court, the Administrative Office of the United States Courts, the
Federal Judicial Center, the Sentencing Commission, and federal public
defender offices.

(b) Justices and employees of the Supreme Court are subject to standards
established by the Justices of that Court. Judges are subject to the Code
of Conduct for United States Judges (Guide, Vol. 2A, Ch. 2). Employees
of the AO and the FJC are subject to their respective agency codes.
Employees of the Sentencing Commission are subject to standards
established by the Commission. Federal public defender employees are
subject to the Code of Conduct for Federal Public Defender Employees

Last revised (Transmittal 02-067) March 21, 2022


Guide to Judiciary Policy, Vol. 2A, Ch. 3 Page 2

(Guide, Vol. 2A, Ch. 4). Intermittent employees [HR Manual, Sec. 5, Ch.
4.7] are subject to canons 1, 2, and 3 and such other provisions of this
code as may be determined by the appointing authority.

(c) Employees who occupy positions with functions and responsibilities


similar to those for a particular position identified in this code should be
guided by the standards applicable to that position, even if the position title
differs. When in doubt, employees may seek an advisory opinion as to the
applicability of specific code provisions.

(d) Contractors and other nonemployees not covered above who serve the
judiciary are not covered by this code, but appointing authorities may
impose these or similar ethical standards on such nonemployees, as
appropriate.

§ 310.20 History

(a) With the adoption of the Code of Conduct for Judicial Employees on
September 19, 1995, the Judicial Conference repealed the Code of
Conduct for Clerks (and Deputy Clerks), the Code of Conduct for United
States Probation Officers (and Pretrial Services Officers), the Code of
Conduct for Circuit Executives, the Director of the Administrative Office,
the Director of the Federal Judicial Center, the Administrative Assistant to
the Chief Justice, and All Administrative Office Employees Grade GS-15
and Above, the Code of Conduct for Staff Attorneys of the United States,
the Code of Conduct for Federal Public Defenders, and the Code of
Conduct for Law Clerks. JCUS-SEP 1995, p. 74.

(b) This Code of Conduct for Judicial Employees took effect on January 1,
1996.

(c) In March 2001, the Conference revised Canon 3F(4). JCUS-MAR 2001,
pp. 10-12.

(d) The Conference revised the following provisions in March 2013: "Scope"
(§ 310.10(a) and (d)); "Definitions" (§ 310.30(a)); Canon 1; Canon
3F(2)(a)(ii); Canon 4A; and Canon 5B. JCUS-MAR 2013, p. 9.

(e) The Conference revised the following provisions in March 2019: Canon
3C(1); Canon 3D(2); and Canon 3D(3). JCUS-MAR 2019, pp. 12-13.

(f) In March 2022, the Conference revised Canon 4A and Canon 4D. JCUS-
MAR 2022, p. ___.
Guide to Judiciary Policy, Vol. 2A, Ch. 3 Page 3

§ 310.30 Definitions

(a) Member of a Judge’s Personal Staff

As used in this code in canons 3F(2)(b), 3F(5), 4B(2), 4C(1), and 5B, a
member of a judge's personal staff means a judge's secretary or judicial
assistant, a judge's law clerk, intern, extern, or other volunteer court
employee, and a courtroom deputy clerk or court reporter whose
assignment with a particular judge is reasonably perceived as being
comparable to a member of the judge's personal staff.

(b) Third Degree of Relationship

As used in this code, the third degree of relationship is calculated


according to the civil law system to include the following relatives: parent,
child, grandparent, grandchild, great grandparent, great grandchild,
brother, sister, aunt, uncle, niece and nephew.

§ 310.40 Further Guidance


(a) The Judicial Conference has authorized its Committee on Codes of
Conduct to render advisory opinions concerning the application and
interpretation of this code. Employees should consult with their supervisor
and/or appointing authority for guidance on questions concerning this
code and its applicability before a request for an advisory opinion is made
to the Committee on Codes of Conduct.

(b) In assessing the propriety of one's proposed conduct, a judicial employee


should take care to consider all relevant canons in this code, the Ethics
Reform Act, and other applicable statutes and regulations (e.g., receipt of
a gift may implicate canon 2 as well as canon 4C(2) and the Ethics
Reform Act gift regulations).

(c) Should a question remain after this consultation, the affected judicial
employee, or the chief judge, supervisor, or appointing authority of such
employee, may request an advisory opinion from the Committee.
Requests for advisory opinions may be addressed to the chair of the
Committee on Codes of Conduct by email or as follows:

Chair of the Committee on Codes of Conduct


c/o Office of the General Counsel
Administrative Office of the United States Courts
One Columbus Circle, N.E.
Washington, D.C. 20544
Guide to Judiciary Policy, Vol. 2A, Ch. 3 Page 4

§ 320 Text of the Code


Canon 1: A Judicial Employee Should Uphold the Integrity and
Independence of the Judiciary and of the Judicial Employee's Office

An independent and honorable Judiciary is indispensable to justice in our society. A


judicial employee should personally observe high standards of conduct so that the
integrity and independence of the Judiciary are preserved and the judicial employee's
office reflects a devotion to serving the public. Judicial employees should require
adherence to such standards by personnel subject to their direction and control. The
provisions of this code should be construed and applied to further these objectives. The
standards of this code do not affect or preclude other more stringent standards required
by law, by court order, or by the appointing authority.

Canon 2: A Judicial Employee Should Avoid Impropriety and the


Appearance of Impropriety in All Activities
A judicial employee should not engage in any activities that would put into question the
propriety of the judicial employee's conduct in carrying out the duties of the office. A
judicial employee should not allow family, social, or other relationships to influence
official conduct or judgment. A judicial employee should not lend the prestige of the
office to advance or to appear to advance the private interests of others. A judicial
employee should not use public office for private gain.

Canon 3: A Judicial Employee Should Adhere to Appropriate Standards in


Performing the Duties of the Office
In performing the duties prescribed by law, by resolution of the Judicial Conference of
the United States, by court order, or by the judicial employee's appointing authority, the
following standards apply:

A. A judicial employee should respect and comply with the law and these
canons. A judicial employee should report to the appropriate supervising
authority any attempt to induce the judicial employee to violate these
canons.

Note: A number of criminal statutes of general applicability govern federal


employees' performance of official duties. These include:

• 18 U.S.C. § 201 (bribery of public officials and witnesses);


• 18 U.S.C. § 211 (acceptance or solicitation to obtain appointive
public office);
• 18 U.S.C. § 285 (taking or using papers relating to government
claims);
Guide to Judiciary Policy, Vol. 2A, Ch. 3 Page 5

• 18 U.S.C. § 287 (false, fictitious, or fraudulent claims against the


government);
• 18 U.S.C. § 508 (counterfeiting or forging transportation requests);
• 18 U.S.C. § 641 (embezzlement or conversion of government
money, property, or records);
• 18 U.S.C. § 643 (failing to account for public money);
• 18 U.S.C. § 798 and 50 U.S.C. § 783 (disclosure of classified
information);
• 18 U.S.C. § 1001 (fraud or false statements in a government
matter);
• 18 U.S.C. § 1719 (misuse of franking privilege);
• 18 U.S.C. § 2071 (concealing, removing, or mutilating a public
record);
• 31 U.S.C. § 1344 (misuse of government vehicle);
• 31 U.S.C. § 3729 (false claims against the government).

In addition, provisions of specific applicability to court officers include:

• 18 U.S.C. § § 153, 154 (court officers embezzling or purchasing


property from bankruptcy estate);
• 18 U.S.C. § 645 (embezzlement and theft by court officers);
• 18 U.S.C. § 646 (court officers failing to deposit registry moneys);
• 18 U.S.C. § 647 (receiving loans from registry moneys from court
officer).

This is not a comprehensive listing but sets forth some of the more
significant provisions with which judicial employees should be familiar.

B. A judicial employee should be faithful to professional standards and


maintain competence in the judicial employee's profession.

C. Standards of Conduct

(1) A judicial employee should be patient, dignified, respectful, and


courteous to all persons with whom the judicial employee deals in
an official capacity, including other employees and the general
public. A judicial employee should not engage in sexual or other
forms of harassment of court employees or retaliate against those
who report misconduct. A judicial employee should hold court
personnel under the judicial employee's direction to similar
standards. A judicial employee should take appropriate action
upon receipt of reliable information indicating a likelihood of
conduct contravening this code. Appropriate action depends on the
circumstances and may include, for example, reporting such
conduct to a supervisor, court executive, or chief judge. For
Guide to Judiciary Policy, Vol. 2A, Ch. 3 Page 6

relevant elaboration, see Code of Conduct for United States


Judges, Commentary to Canons 3B(4) and 3B(6).

(2) A judicial employee should diligently discharge the responsibilities


of the office in a prompt, efficient, nondiscriminatory, fair, and
professional manner. A judicial employee should never influence or
attempt to influence the assignment of cases, or perform any
discretionary or ministerial function of the court in a manner that
improperly favors any litigant or attorney, nor should a judicial
employee imply that he or she is in a position to do so.

D. Duty of Confidentiality

(1) A judicial employee should avoid making public comment on the


merits of a pending or impending action and should require similar
restraint by personnel subject to the judicial employee's direction
and control. This proscription does not extend to public statements
made in the course of official duties or to the explanation of court
procedures.

(2) A judicial employee should not use for personal gain any
confidential information received in the course of official duties.

(3) A judicial employee should never disclose any confidential


information received in the course of official duties except as
required in the performance of such duties. A former judicial
employee should observe the same restriction on disclosure of
confidential information that applies to a current judicial employee,
except as modified by the appointing authority. This general
restriction on use or disclosure of confidential information does not
prevent, nor should it discourage, an employee or former employee
from reporting or disclosing misconduct, including sexual or other
forms of harassment, by a judge, supervisor, or other person.

E. A judicial employee should not engage in nepotism prohibited by law.

Note: See also 5 U.S.C. § 3110 (employment of relatives); 28 U.S.C.


§ 458 (employment of judges' relatives).

F. Conflicts of Interest

(1) A judicial employee should avoid conflicts of interest in the


performance of official duties. A conflict of interest arises when a
judicial employee knows that he or she (or the spouse, minor child
residing in the judicial employee's household, or other close relative
of the judicial employee) might be so personally or financially
Guide to Judiciary Policy, Vol. 2A, Ch. 3 Page 7

affected by a matter that a reasonable person with knowledge of


the relevant facts would question the judicial employee's ability
properly to perform official duties in an impartial manner.

(2) Certain judicial employees, because of their relationship to a judge


or the nature of their duties, are subject to the following additional
restrictions:

(a) A staff attorney or law clerk should not perform any official
duties in any matter with respect to which such staff attorney
or law clerk knows that:

(i) he or she has a personal bias or prejudice concerning


a party, or personal knowledge of disputed evidentiary
facts concerning the proceeding;

(ii) he or she served as lawyer in the matter in


controversy, or a lawyer with whom he or she
previously practiced law had served (during such
association) as a lawyer concerning the matter
(provided that the prohibition relating to the previous
practice of law does not apply if he or she did not
work on the matter, did not access confidential
information relating to the matter, and did not practice
in the same office as the lawyer), or he, she, or such
lawyer has been a material witness;

(iii) he or she, individually or as a fiduciary, or the spouse


or minor child residing in his or her household, has a
financial interest in the subject matter in controversy
or in a party to the proceeding;

(iv) he or she, a spouse, or a person related to either


within the third degree of relationship (as defined
above in § 310.30), or the spouse of such person (A)
is a party to the proceeding, or an officer, director, or
trustee of a party; (B) is acting as a lawyer in the
proceeding; (C) has an interest that could be
substantially affected by the outcome of the
proceeding; or (D) is likely to be a material witness in
the proceeding;

(v) he or she has served in governmental employment


and in such capacity participated as counsel, advisor,
or material witness concerning the proceeding or has
Guide to Judiciary Policy, Vol. 2A, Ch. 3 Page 8

expressed an opinion concerning the merits of the


particular case in controversy.

(b) A secretary to a judge, or a courtroom deputy or court


reporter whose assignment with a particular judge is
reasonably perceived as being comparable to a member of
the judge's personal staff, should not perform any official
duties in any matter with respect to which such secretary,
courtroom deputy, or court reporter knows that he or she, a
spouse, or a person related to either within the third degree
of relationship, or the spouse of such person (i) is a party to
the proceeding, or an officer, director, or trustee of a party;
(ii) is acting as a lawyer in the proceeding; (iii) has an
interest that could be substantially affected by the outcome
of the proceeding; or (iv) is likely to be a material witness in
the proceeding; provided, however, that when the foregoing
restriction presents undue hardship, the judge may authorize
the secretary, courtroom deputy, or court reporter to
participate in the matter if no reasonable alternative exists
and adequate safeguards are in place to ensure that official
duties are properly performed. In the event the secretary,
courtroom deputy, or court reporter possesses any of the
foregoing characteristics and so advises the judge, the judge
should also consider whether the Code of Conduct for
United States Judges may require the judge to recuse.

(c) A probation or pretrial services officer should not perform


any official duties in any matter with respect to which the
probation or pretrial services officer knows that:

(i) he or she has a personal bias or prejudice concerning


a party;

(ii) he or she is related within the third degree of


relationship to a party to the proceeding, or to an
officer, director, or trustee of a party, or to a lawyer in
the proceeding;

(iii) he or she, or a relative within the third degree of


relationship, has an interest that could be
substantially affected by the outcome of the
proceeding.

(3) When a judicial employee knows that a conflict of interest may be


presented, the judicial employee should promptly inform his or her
appointing authority. The appointing authority, after determining
Guide to Judiciary Policy, Vol. 2A, Ch. 3 Page 9

that a conflict or the appearance of a conflict of interest exists,


should take appropriate steps to restrict the judicial employee's
performance of official duties in such matter so as to avoid a
conflict or the appearance of a conflict of interest. A judicial
employee should observe any restrictions imposed by his or her
appointing authority in this regard.

(4) A judicial employee who is subject to canon 3F(2)(a) should keep


informed about his or her personal and fiduciary financial interests
and make a reasonable effort to keep informed about the personal
financial interests of a spouse or minor child residing in the judicial
employee's household. For purposes of this canon, "financial
interest" means ownership of a legal or equitable interest, however
small, or a relationship as director, advisor, or other active
participant in the affairs of a party, except that:

(a) ownership in a mutual or common investment fund that holds


securities is not a "financial interest" in such securities
unless the employee participates in the management of the
fund;

(b) an office in an educational, religious, charitable, fraternal, or


civic organization is not a "financial interest" in securities
held by the organization;

(c) the proprietary interest of a policy holder in a mutual


insurance company, or a depositor in a mutual savings
association, or a similar proprietary interest, is a "financial
interest" in the organization only if the outcome of the
proceeding could substantially affect the value of the
interest;

(d) ownership of government securities is a "financial interest" in


the issuer only if the outcome of the proceeding could
substantially affect the value of the securities.

(5) A member of a judge's personal staff should inform the appointing


judge of any circumstance or activity of the staff member that might
serve as a basis for disqualification of either the staff member or
the judge, in a matter pending before the judge.
Guide to Judiciary Policy, Vol. 2A, Ch. 3 Page 10

Canon 4: In Engaging in Outside Activities, a Judicial Employee Should


Avoid the Risk of Conflict with Official Duties, Should Avoid the
Appearance of Impropriety, and Should Comply with Disclosure
Requirements

A. Outside Activities

A judicial employee's activities outside of official duties should not detract


from the dignity of the court, interfere with the performance of official
duties, or adversely reflect on the operation and dignity of the court or
office the judicial employee serves. Subject to the foregoing standards
and the other provisions of this code, a judicial employee may engage in
such activities as civic, charitable, religious, professional, educational,
cultural, avocational, social, fraternal, and recreational activities, and serve
in the military reserves. A judicial employee may also speak, write,
lecture, and teach. If such outside activities concern the law, the legal
system, or the administration of justice, the judicial employee should first
consult with the appointing authority to determine whether the proposed
activities are consistent with the foregoing standards and the other
provisions of this code. With the exception of an appointment relating to
service in the military reserves, a judicial employee should not accept a
governmental appointment that has the potential for dual service to and/or
supervision by independent branches of government (including state
courts) or different governments during judicial employment.

B. Solicitation of Funds

A judicial employee may solicit funds in connection with outside activities,


subject to the following limitations:

(1) A judicial employee should not use or permit the use of the prestige
of the office in the solicitation of funds.

(2) A judicial employee should not solicit subordinates to contribute


funds to any such activity but may provide information to them
about a general fund-raising campaign. A member of a judge's
personal staff should not solicit any court personnel to contribute
funds to any such activity under circumstances where the staff
member's close relationship to the judge could reasonably be
construed to give undue weight to the solicitation.

(3) A judicial employee should not solicit or accept funds from lawyers
or other persons likely to come before the judicial employee or the
court or office the judicial employee serves, except as an incident to
a general fund-raising activity.
Guide to Judiciary Policy, Vol. 2A, Ch. 3 Page 11

C. Financial Activities

(1) A judicial employee should refrain from outside financial and


business dealings that tend to detract from the dignity of the court,
interfere with the proper performance of official duties, exploit the
position, or associate the judicial employee in a substantial financial
manner with lawyers or other persons likely to come before the
judicial employee or the court or office the judicial employee serves,
provided, however, that court reporters are not prohibited from
providing reporting services for compensation to the extent
permitted by statute and by the court. A member of a judge's
personal staff should consult with the appointing judge concerning
any financial and business activities that might reasonably be
interpreted as violating this code and should refrain from any
activities that fail to conform to the foregoing standards or that the
judge concludes may otherwise give rise to an appearance of
impropriety.

(2) A judicial employee should not solicit or accept a gift from anyone
seeking official action from or doing business with the court or other
entity served by the judicial employee, or from anyone whose
interests may be substantially affected by the performance or
nonperformance of official duties; except that a judicial employee
may accept a gift as permitted by the Ethics Reform Act of 1989
and the Judicial Conference regulations thereunder. A judicial
employee should endeavor to prevent a member of a judicial
employee's family residing in the household from soliciting or
accepting any such gift except to the extent that a judicial employee
would be permitted to do so by the Ethics Reform Act of 1989 and
the Judicial Conference regulations thereunder.

Note: See 5 U.S.C. § 7353 (gifts to federal employees). See also


5 U.S.C. § 7342 (foreign gifts); 5 U.S.C. § 7351 (gifts to superiors).

(3) A judicial employee should report the value of gifts to the extent a
report is required by the Ethics Reform Act, other applicable law, or
the Judicial Conference of the United States.

Note: See 5 U.S.C. App. § § 101 to 111 (Ethics Reform Act


financial disclosure provisions).

(4) During judicial employment, a law clerk or staff attorney may seek
and obtain employment to commence after the completion of the
judicial employment. However, the law clerk or staff attorney
should first consult with the appointing authority and observe any
restrictions imposed by the appointing authority. If any law firm,
Guide to Judiciary Policy, Vol. 2A, Ch. 3 Page 12

lawyer, or entity with whom a law clerk or staff attorney has been
employed or is seeking or has obtained future employment appears
in any matter pending before the appointing authority, the law clerk
or staff attorney should promptly bring this fact to the attention of
the appointing authority.

D. Practice of Law

A judicial employee should not engage in the practice of law except that a
judicial employee may act pro se, may perform routine legal work incident
to the management of the personal affairs of the judicial employee or a
member of the judicial employee's family, may perform legal work during
the course of the judicial employee’s service in the military reserves, and
may provide pro bono legal services in civil matters, so long as such pro
se, family, military, or pro bono legal work does not present an
appearance of impropriety, does not take place while on duty or in the
judicial employee's workplace, and does not interfere with the judicial
employee's primary responsibility to the office in which the judicial
employee serves, and further provided that:

(1) in the case of pro se legal work, such work is done without
compensation (other than such compensation as may be allowed
by statute or court rule in probate proceedings);

(2) in the case of family legal work, such work is done without
compensation (other than such compensation as may be allowed
by statute or court rule in probate proceedings) and does not
involve the entry of an appearance in a federal court;

(3) in the case of pro bono legal services, such work (a) is done
without compensation; (b) does not involve the entry of an
appearance in any federal, state, or local court or administrative
agency; (c) does not involve a matter of public controversy, an
issue likely to come before the judicial employee's court, or litigation
against federal, state or local government; and (d) is reviewed in
advance with the appointing authority to determine whether the
proposed services are consistent with the foregoing standards and
the other provisions of this code; and

(4) in the case of legal work during the course of service in the military
reserves, such work (a) does not involve the entry of an
appearance in any civilian federal, state, or local court or
administrative agency; and (b) does not involve a matter of public
controversy, or an issue likely to come before the judicial
employee's court.
Guide to Judiciary Policy, Vol. 2A, Ch. 3 Page 13

Judicial employees may also serve as uncompensated mediators or


arbitrators for nonprofit organizations, subject to the standards applicable
to pro bono practice of law, as set forth above, and the other provisions of
this code.

A judicial employee should ascertain any limitations imposed by the


appointing judge or the court on which the appointing judge serves
concerning the practice of law by a former judicial employee before the
judge or the court and should observe such limitations after leaving such
employment.

Note: See also 18 U.S.C. § 203 (representation in matters involving the


United States); 18 U.S.C. § 205 (claims against the United States);
28 U.S.C. § 955 (restriction on clerks of court practicing law in any “court
of the United States”). As used in this code, the “military reserves”
includes the Army National Guard, the Army Reserve, the Navy Reserve,
the Marine Corps Reserve, the Air National Guard, the Air Force Reserve,
and the Coast Guard Reserve. The term “civilian” court excludes any
Article I court established by Congress to regulate military life or enforce
the Uniform Code of Military Justice against military personnel. See
United States v. Joshua, 607 F.3d 379, 383 (4th Cir. 2010); see also
28 U.S.C. §§ 963, 610 (defining “court” that clerk’s office employees may
not practice law in as the United States Supreme Court, “the courts of
appeals and district courts of the United States,” and “the District Court of
Guam, the District Court of the Virgin Islands, the United States Court of
Federal Claims, and the Court of International Trade”).

E. Compensation and Reimbursement

A judicial employee may receive compensation and reimbursement of


expenses for outside activities provided that receipt of such compensation
and reimbursement is not prohibited or restricted by this code, the Ethics
Reform Act, and other applicable law, and provided that the source or
amount of such payments does not influence or give the appearance of
influencing the judicial employee in the performance of official duties or
otherwise give the appearance of impropriety. Expense reimbursement
should be limited to the actual cost of travel, food, and lodging reasonably
incurred by a judicial employee and, where appropriate to the occasion, by
the judicial employee's spouse or relative. Any payment in excess of such
an amount is compensation.

A judicial employee should make and file reports of compensation and


reimbursement for outside activities to the extent prescribed by the Ethics
Reform Act, other applicable law, or the Judicial Conference of the United
States.
Guide to Judiciary Policy, Vol. 2A, Ch. 3 Page 14

Notwithstanding the above, a judicial employee should not receive any


salary, or any supplementation of salary, as compensation for official
government services from any source other than the United States,
provided, however, that court reporters are not prohibited from receiving
compensation for reporting services to the extent permitted by statute and
by the court.

Note: See 5 U.S.C. App. §§ 101 to 111 (Ethics Reform Act financial
disclosure provisions); 28 U.S.C. § 753 (court reporter compensation).
See also 5 U.S.C. App. §§ 501 to 505 (outside earned income and
employment).

Canon 5: A Judicial Employee Should Refrain from Inappropriate Political


Activity

A. Partisan Political Activity

A judicial employee should refrain from partisan political activity; should


not act as a leader or hold any office in a partisan political organization;
should not make speeches for or publicly endorse or oppose a partisan
political organization or candidate; should not solicit funds for or contribute
to a partisan political organization, candidate, or event; should not become
a candidate for partisan political office; and should not otherwise actively
engage in partisan political activities.

B. Nonpartisan Political Activity

A member of a judge's personal staff, lawyer who is employed by the court


and assists judges on cases, clerk of court, chief probation officer, chief
pretrial services officer, circuit executive, and district court executive
should refrain from nonpartisan political activity such as campaigning for
or publicly endorsing or opposing a nonpartisan political candidate;
soliciting funds for or contributing to a nonpartisan political candidate or
event; and becoming a candidate for nonpartisan political office. Other
judicial employees may engage in nonpartisan political activity only if such
activity does not tend to reflect adversely on the dignity or impartiality of
the court or office and does not interfere with the proper performance of
official duties. A judicial employee may not engage in such activity while
on duty or in the judicial employee's workplace and may not utilize any
federal resources in connection with any such activity.

Note: See also 18 U.S.C. chapter 29 (elections and political activities).

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