Chapter 4.5. Division of Workers' Compensation
Subchapter 1. Administrative Director--Administrative Rules
Article 1.6. Ethical Standards of Workers' Compensation Referees; Enforcement of Standards

§9721.11. Requirement for Disclosure.

A judge shall disclose to all parties or attorneys in a case, at the time the judge first becomes aware of the existence of the facts, any and all of the following:

(a) That the judge served as a lawyer for a party at any time within the three years before being assigned to the case. "Serving as a lawyer" includes having interviewed a prospective client and learned confidential information, although the judge did not become a lawyer for the prospective client. A judge shall use the resources reasonably available to the judge to ascertain the identity of the judge's former clients.

(b) That the judge provided legal advice on the specific issue presently at bar to a party involved in the instant action or proceeding.

(c) That within the past two years, a party, officer, director, or trustee of a party was a client of the judge or of a lawyer with whom the judge was associated in private practice, as an employee or on a contract basis.

(d) That a lawyer, associate of the lawyer in private practice, or spouse of a lawyer in the proceeding is a spouse, former spouse, child, sibling, or parent of the judge or of the judge's spouse.

(e) That the judge has, as a lawyer or public official, participated in the drafting of enacted laws or actively participated in the effort to pass or defeat laws, the meaning, effect, or application of which is in issue in the proceeding. "Actively participated" means the judge has engaged in lobbying, or made other substantial efforts to change law. Mere membership in an organization which advocates or has advocated change in law does not constitute active participation.

(f) Any information that the workers' compensation administrative law judge believes would be relevant to the issue of disqualification, such that a person aware of the facts might reasonably entertain a doubt as to the workers' compensation administrative law judge's ability to be impartial.

(g) Any situation known to the judge, disclosure of which is required by the Code of Judicial Ethics.

(h) That the judge has a disputed workers' compensation claim against a party.

   Note: Authority cited: Sections 123.6, 133 and 5307.3, Labor Code. Reference: Sections 111 and 123.6, Labor Code.

 HISTORY 

   

1. New section filed 8-25-2008; operative 9-24-2008 (Register 2008, No. 35).