Scribd
Upload
9 views10 pages

Al4 13

Uploaded by

lostbilla66
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PPTX, PDF, TXT or read online on Scribd
9 views10 pages

Al4 13

Uploaded by

lostbilla66
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PPTX, PDF, TXT or read online on Scribd
You are on page 1/ 10

Administrative Law: Principles and Advocacy, 4th Edition

CHAPTER 13
Conduct Outside the Hearing

Emond
Copyright Montgomery
© 2020 Publications
Emond Montgomery Publications. All rights reserved.
Administrative Law: Principles and Advocacy, 4th Edition 2

Introduction

Standards of conduct observed by participants and


tribunal members outside the hearing apply to:
• communication outside the hearing between
participants and tribunal members
• social contact between tribunal members and
individuals or organizations that may appear
before tribunal in future proceedings

Copyright © 2020 Emond Montgomery Publications. All rights reserved.


Administrative Law: Principles and Advocacy, 4th Edition 3

Introduction (cont’d)

Standards of conduct (cont’d):


• contact with media by participants and tribunal
members
• public statements by adjudicators about previous
decisions of the tribunal or issues that may come
before the tribunal in the future

Copyright © 2020 Emond Montgomery Publications. All rights reserved.


Administrative Law: Principles and Advocacy, 4th Edition 4

Ex Parte Communication
Ex parte: “On one side only”
• Prohibited by principle of procedural fairness (the
obligation of impartiality) in tribunal proceedings
• Participants should not discuss case with an
adjudicator without all panel members and
participants present
• Procedural matters should be dealt with through
the tribunal staff
Copyright © 2020 Emond Montgomery Publications. All rights reserved.
Administrative Law: Principles and Advocacy, 4th Edition 5

Ex Parte Communication (cont’d)


• Adjudicators should be wary of casual
conversation with participants
• Fraternization: Friendly social interaction (see
feature box in text, “The Dangers of
Fraternization”)

Copyright © 2020 Emond Montgomery Publications. All rights reserved.


Administrative Law: Principles and Advocacy, 4th Edition 6

Adjudicators, Representatives,
and Social Media
• Similar to traditional fraternization, judicial and
adjudicative misconduct may appear when
tribunal members, parties, or legal
representatives use social media (e.g., Facebook,
Twitter, LinkedIn)
• Currently little guidance on ethical use of social
media by adjudicators

Copyright © 2020 Emond Montgomery Publications. All rights reserved.


Administrative Law: Principles and Advocacy, 4th Edition 7

Adjudicators, Representatives,
and Social Media (cont’d)
Examples of questions & concerns:
• Can adjudicators use personal social media
without compromising professional ethics or
principles?  Can adjudicators “friend” lawyers &
paralegals?  Should adjudicators avoid
establishing social media relations?  Should
adjudicators avoid blogging or using listservs,
message boards, interactive gaming?
Copyright © 2020 Emond Montgomery Publications. All rights reserved.
Administrative Law: Principles and Advocacy, 4th Edition 8

Contact with the Media

• Parties have wide latitude to publicize their views

• Parties must be sure not to argue their cases to


the media
• Information given to the media should be
consistent with the evidence given at the hearing
• Tribunal members should not discuss any current
or future case with the media

Copyright © 2020 Emond Montgomery Publications. All rights reserved.


Administrative Law: Principles and Advocacy, 4th Edition 9

Comments on the Tribunal’s


Decisions
• Generally, adjudicators will not defend, explain, or
comment on decisions of the tribunal
• In exceptional circumstances, a tribunal may
respond to requests to comment—Statements will
generally be provided by the tribunal chair,
registrar, or counsel rather than by adjudicator
• Constraints do not apply if there are errors or
ambiguities in a decision
Copyright © 2020 Emond Montgomery Publications. All rights reserved.
Administrative Law: Principles and Advocacy, 4th Edition 10

Public Statements by
Adjudicators
• Expressing views that may be relevant in
subsequent hearings before being appointed to a
tribunal generally does not disqualify adjudicators
from serving—Adjudicator may be disqualified
from deciding cases involving those issues
• Appointed adjudicators cannot publicly take
positions—Could lead parties to believe
adjudicator will not view issues with open mind
Copyright © 2020 Emond Montgomery Publications. All rights reserved.

You might also like

pFad - Phonifier reborn

Pfad - The Proxy pFad of © 2024 Garber Painting. All rights reserved.

Note: This service is not intended for secure transactions such as banking, social media, email, or purchasing. Use at your own risk. We assume no liability whatsoever for broken pages.


Alternative Proxies:

Alternative Proxy

pFad Proxy

pFad v3 Proxy

pFad v4 Proxy