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1 Ethics Handbook for Immigration Judges, Members of the Board of Immigration Appeals, and Administrative Law Judges Employed by the Executive Office for Immigration Review 1 (2001)

handle is hein.immigration/ehimanbima0001 and id is 1 raw text is: ETHICS HANDBOOK FOR IMMIGRATION JUDGES, MEMBERS OF THE BOARD OF IMMIGRATION APPEALS, AND ADMINISTRATIVE LAW JUDGES EMPLOYED BY THE EXECUTIVE OFFICE FOR IMMIGRATION REVIEW I. BASIC OBLIGATION OF PUBLIC SERVICE (5 CFR sections 2635.101 to 2635.107) A. Public service is a public trust. Each EOIR Judge has a responsibility to the United States Government and its citizens to place loyalty to the Constitution, laws and ethical principles above private gain. To ensure that every citizen can have complete confidence in the integrity of the Federal Government, each judge shall respect and adhere to the principles of ethical conduct set forth in this section, as well as the implementing standards contained in this part and in supplemental agency regulations. DOJNote: Most of the individuals who appear before EOIR in proceedings are non-citizens. EOIR Judges should respect and adhere to the principles of ethical conduct to ensure that both citizens and noncitizens can have complete confidence in the integrity ofthe Federal Government. MCJC Note ': Public confidence in EOIR Judges is enhanced when EOIR Judges act in a responsible and proper manner. Thus, an EOIR Judge should strive to avoid all impropriety and the appearance of impropriety. The admonition against behaving with impropriety or the appearance of impropriety applies to both the professional and personal conduct of an EOIR Judge. Because it is not practicable to list all possible improprieties, the admonition is necessarily cast in general terms that extend to conduct by EOIR Judges that damages public confidence in the integrity and impartiality of immigration proceedings and EOIR Judges. Actual improprieties include violations of law or specific provisions of the Standards of Conduct. Whether particular circumstances create an appearance that the law or the Standards of Conduct have been violated shall be determined from the perspective of a reasonable person with knowledge of the relevant facts. An EOIR Judge holds a position ofpublic trust and authority. Accordingly, EOIR Judges can expect to be the subject ofpublic scrutiny. Therefore, EOIR ' The Model Code of Judicial Conduct is not binding on EOIR Judges, but its canons and commentary present aspirational goals. The MCJC Notes have been edited for clarity. The MCJC Notes also have been modified to refer to EOIR Judges and the Standards of Conduct in place of language relating to judges generally and the MCJC. The entire, unedited text of the MCJC may be found at Tab 5.

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