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Legal Ethics and Professional Responsibility Commons

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Full-Text Articles in Legal Ethics and Professional Responsibility

Ethical Choices: Contested Case Procedures And Judicial Review Applicable To Politicians Versus Other Regulated Actors, Amy Bresnen Apr 2016

Ethical Choices: Contested Case Procedures And Judicial Review Applicable To Politicians Versus Other Regulated Actors, Amy Bresnen

Journal of the National Association of Administrative Law Judiciary

The general purpose of this paper is to provide law students and young lawyers with an overview for accessing, in the context of Texas agencies, these legislatively-delegated adjudicative, or quasijudicial, powers and explain how agency contested case decisions are reviewed by the courts. This is important for lawyers to understand in representing a client, be it an individual or entity, whose interests are affected by administrative proceedings within regulatory agencies. To accomplish this goal, the paper discusses the two most common methods of judicial review and contrasts the standard proceedings for contested cases at the State Office of Administrative Hearings …


Model Code Of Judicial Conduct For Federal Administrative Law Judges , National Conference Of Administrative Law Judges, Judicial Administration Division, American Bar Association Apr 2013

Model Code Of Judicial Conduct For Federal Administrative Law Judges , National Conference Of Administrative Law Judges, Judicial Administration Division, American Bar Association

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Evaluation: Where Are We? Where Are We Going?, Ronnie A. Yoder Apr 2013

Evaluation: Where Are We? Where Are We Going?, Ronnie A. Yoder

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Model Code Of Judicial Conduct For State Administrative Law Judges , National Association Of Administrative Law Judges Apr 2013

Model Code Of Judicial Conduct For State Administrative Law Judges , National Association Of Administrative Law Judges

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Development Of The Model Code Of Judicial Conduct For State Administrative Law Judges, Stanley J. Cygan Apr 2013

Development Of The Model Code Of Judicial Conduct For State Administrative Law Judges, Stanley J. Cygan

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


A Model Code Of Judicial Conduct For State Administrative Law Judges - National Conference Of Administrative Law Judges - American Bar Association, National Conference Of Administrative Law Judges American Bar Association Apr 2013

A Model Code Of Judicial Conduct For State Administrative Law Judges - National Conference Of Administrative Law Judges - American Bar Association, National Conference Of Administrative Law Judges American Bar Association

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


A Breach Too Far: The Assault On Judges' Professionalism By The Office Of Hearings And Appeals, Edd Wheeler Apr 2013

A Breach Too Far: The Assault On Judges' Professionalism By The Office Of Hearings And Appeals, Edd Wheeler

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Professionalism: A Call To Excellence, Gina L. Hale Apr 2013

Professionalism: A Call To Excellence, Gina L. Hale

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Model Act Creating A State Central Hearing Agency, House Of Delegates Of The American Bar Association Apr 2013

Model Act Creating A State Central Hearing Agency, House Of Delegates Of The American Bar Association

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Security Of Tenure Of Administrative Law Judges: How Much Can An Alj Say And Still Stay An Alj?, Allen Shoenberger Apr 2013

Security Of Tenure Of Administrative Law Judges: How Much Can An Alj Say And Still Stay An Alj?, Allen Shoenberger

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Judicial Independence Under Siege, Wendell Fennell, Fred Young Apr 2013

Judicial Independence Under Siege, Wendell Fennell, Fred Young

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Public Perceptions Of Justice: Judicial Independence And Accountability , John L. Kane Jr Apr 2013

Public Perceptions Of Justice: Judicial Independence And Accountability , John L. Kane Jr

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Report To The Judicial Council On The Administrative Law Judge Statute, James F. Flanagan Apr 2013

Report To The Judicial Council On The Administrative Law Judge Statute, James F. Flanagan

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


The New York Administrative Corps Proposal: Another View, William J. Cowan Apr 2013

The New York Administrative Corps Proposal: Another View, William J. Cowan

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Should The State Pay The Fees Of Claimant Representatives In Unemployment Insurance Hearings?, Paul Wyler Apr 2013

Should The State Pay The Fees Of Claimant Representatives In Unemployment Insurance Hearings?, Paul Wyler

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


The Administrative Law Judge And An Ethical Ideal Of The Judicial Role, Robert F. Ladenson Apr 2013

The Administrative Law Judge And An Ethical Ideal Of The Judicial Role, Robert F. Ladenson

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Public Access To Physician And Attorney Disciplinary Proceedings, Michael Spake Apr 2013

Public Access To Physician And Attorney Disciplinary Proceedings, Michael Spake

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Improving Public Trust & Confidence In Administrative Adjudication: What An Administrative Law Judge Can Do, Edward J. Schoenbaum Apr 2013

Improving Public Trust & Confidence In Administrative Adjudication: What An Administrative Law Judge Can Do, Edward J. Schoenbaum

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Influencing Nih Policy Over Embryonic Stem-Cell Research: An Administrative Tug-Of-War Between Congress And The President, Scott Davison Apr 2013

Influencing Nih Policy Over Embryonic Stem-Cell Research: An Administrative Tug-Of-War Between Congress And The President, Scott Davison

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Balancing Administrative Efficiency And Fairness: Restrictions On Local Hearings Advisors Post-Nightlife Partners, Ltd. V. City Of Beverly Hills , Kelli Shope Apr 2013

Balancing Administrative Efficiency And Fairness: Restrictions On Local Hearings Advisors Post-Nightlife Partners, Ltd. V. City Of Beverly Hills , Kelli Shope

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


The Building And Maintenance Of "Ethics Walls" In Administrative Adjudicatory Proceedings, Jeff Bush, Kristal Wiitala Knutson Apr 2013

The Building And Maintenance Of "Ethics Walls" In Administrative Adjudicatory Proceedings, Jeff Bush, Kristal Wiitala Knutson

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Crisis On The Immigration Bench: An Ethical Perspective, Michele Benedetto Apr 2013

Crisis On The Immigration Bench: An Ethical Perspective, Michele Benedetto

Journal of the National Association of Administrative Law Judiciary

The troubled status of the immigration court system has garnered much attention from scholars, appellate judges, and even the United States Attorney General. This article suggests a new lens through which to examine the acknowledged crisis in immigration courts: judicial ethics. Because the term judicial ethics encompasses a broad array of principles, the article narrows its focus to bias and incompetence on the part of immigration judges in the courtroom. Immigration judges operate as a unique judiciary under the Executive Branch of government. An examination of the modern immigration court system, including inadequate disciplinary procedures for immigration judges, reveals that …


"Good Moral Character" As A Licensing Standard, Larry Craddock Apr 2013

"Good Moral Character" As A Licensing Standard, Larry Craddock

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


The Attorney As Advocate And Witness: Does The Prohibition Of An Attorney Acting As Advocate And Witness At A Judicial Trial Also Apply In Administrative Adjudications?, Arnold Rochvarg Apr 2013

The Attorney As Advocate And Witness: Does The Prohibition Of An Attorney Acting As Advocate And Witness At A Judicial Trial Also Apply In Administrative Adjudications?, Arnold Rochvarg

Journal of the National Association of Administrative Law Judiciary

It is generally accepted that an attorney who is representing a client at a judicial trial is not permitted to also be a witness at the same trial. This prohibition on an attorney acting as both an advocate and a witness at a trial appears in every state's rules of professional conduct. This rule, often referred to as the “lawyer as witness” rule, has application in attorney disciplinary proceedings, rulings on the admissibility of evidence, motions seeking disqualification of an attorney who intends to testify, legal malpractice cases, and petitions for the award of attorney's fees. The lawyer as witness …


Chasing The Atticus Code - Preserving Adjudication Integrity In Local Administrative Hearings , Michael N. Widener Mar 2013

Chasing The Atticus Code - Preserving Adjudication Integrity In Local Administrative Hearings , Michael N. Widener

Journal of the National Association of Administrative Law Judiciary

In the United States administrative law realm, there purportedly exist more than 19 thousand municipal governments, 16 thousand town or township governments; three thousand county governments, 13 thousand school districts and 35 thousand special district governments. This essay argues that these local adjudicative loci largely neglect the ethical guidance or direction of lawyers serving in government-official capacities without holding elected nor judicial positions. I dub these decision-makers “Atticus.” Citizens support the notion of external codes of professional responsibility for such persons not necessarily because they believe that “lawyering rules” are well constructed or property enforced, but because they doubt lawyers …


Closing An Administrative Loophole: Ethics For The Administrative Judiciary, Diana Gillis Mar 2013

Closing An Administrative Loophole: Ethics For The Administrative Judiciary, Diana Gillis

Journal of the National Association of Administrative Law Judiciary

No abstract provided.