Authority: IC 4-21.5-7

Affected: IC 4-21.5-7-6

Sec. 2. (a) The following definitions apply throughout this section:

1. (1) "Code of judicial conduct" refers to the code of judicial conduct adopted by the Indiana supreme court, effective March 1, 1993 (including amendments received through October 15, 2008).
2. (2) "Environmental law judge" means an environmental law judge for the office of environmental adjudication.

(b) This section is intended to assist with the implementation of IC 4-21.5-7-6(b)(3) applicable to environmental law judges, which requires their compliance with the applicable provisions of the code of judicial conduct.

(c) For purposes of this section, wherever in the code of judicial conduct the term:

1. (1) "court personnel" or a term of similar application is used, the term applies to an employee, other than an environmental law judge, of the office of environmental adjudication; and
2. (2) "judge" is used, the term applies to an environmental law judge.

(d) Unless otherwise specified in subsection (e), the provisions of the code of judicial conduct are applicable to an environmental law judge. These provisions shall be liberally construed to implement the intention of IC 4-21.5-7-6.

(e) The following provisions of the code of judicial conduct are inapplicable to an environmental law judge:

1. (1) Canon 2.8(c) and 2.17.
2. (2) Canon 3.2 and 3.4.
3. (3) Canon 3.9 if mediation services are provided in the ordinary course of employment or on a pro bono publico basis.
4. (4) Canon 3.10, to the extent that the practice of law in a representational capacity on a pro bono publico basis pursuant to the Indiana Rules of Professional Conduct, Rule 6.1 is prohibited. Such practice of law shall, however, be conducted subject to all applicable requirements of the code of judicial conduct.
5. (5) Canon 3.15(B) and 3.15(C).
6. (6) Canon 4.

(Office of Environmental Adjudication; 315 IAC 1-1-2; filed Jan 26, 2007, 10:53 a.m.: 20070214-IR- 315060091FRA; readopted filed May 18, 2010, 1:45 p.m.: 20100602-IR-315100174RFA; filed Feb 24, 2011, 2:03 p.m.: 20110323-IR-315100482FRA; readopted filed Apr 25, 2016, 2:08 p.m.: 20160518-IR-315160051RFA; readopted filed Jul 19, 2022, 2:01 p.m.: 20220817-IR-315220160RFA)