(1)1.2 Duty to Ethical Standards
(1)1.2 Duty to Ethical Standards
It is the duty of every lawful actor to conduct themselves with integrity, honesty, and in accordance with the highest ethical standards applicable to their office or function. This duty requires that all actions taken under color of law be guided by principles of fairness, impartiality, and respect for the rights and dignity of all persons.
A lawful actor shall not engage in conduct that is corrupt, biased, fraudulent, or otherwise inconsistent with the ethical obligations imposed by this code. All actions shall be undertaken in a manner that preserves public trust, promotes confidence in the legal system, and avoids conflicts of interest or the appearance of impropriety.
(1)1.2.1 Conflict of Interest
(1)1.2.1 Conflict of Interest
(a) Every lawful actor shall avoid actual or apparent conflicts of interest that may compromise impartiality, judgment, or the proper exercise of authority. A conflict of interest arises when the actor has a personal, financial, familial, or other interest that could reasonably be perceived to influence their decision-making or actions in a matter under their official responsibility.
(b) A conflict is presumed to exist when:
- The actor or a close relative stands to gain or lose materially from the outcome of a matter;
- The actor has a significant personal or financial relationship with any party involved; or
- The actor’s impartiality could reasonably be questioned by a neutral observer.
(c) Where a conflict arises that cannot be avoided, the actor shall disclose the conflict to the appropriate authority and shall refrain from taking action in the matter unless expressly authorized by law or regulation.
(d) Disclosure and recusal requirements apply regardless of whether the conflict was intentional or known in advance, and failure to comply may constitute a violation of the duties set forth in this code, subject to accountability provisions under this title.
(1)1.2.2 Prohibition on Corrupt Conduct
(a) No lawful actor shall engage in bribery, extortion, misappropriation, or any form of corrupt conduct in the exercise of their duties.
(b) No lawful actor shall use their position for personal gain, political advantage, or the improper benefit of any person or entity.
(1)1.2.3 Duty to Uphold Justice
(a) Every lawful actor shall act to ensure fairness, impartiality, and equity in all proceedings and decisions under this code.
(b) No lawful actor shall intentionally obstruct, delay, or manipulate the administration of justice for personal, political, or discriminatory reasons.
(1)1.2.4 Duty of Transparency and Accountability
(a) Lawful actors shall maintain clear records of official actions and decisions, and provide transparency to the extent required by law or regulation.
(b) Actors shall be accountable for their actions and decisions and shall cooperate fully with lawful oversight, audits, and investigations.
(1)1.2.5 Duty to Avoid Abuse of Power
(a) Lawful actors shall not exercise authority in a manner that is arbitrary, excessive, retaliatory, or intended to harass, intimidate, or oppress any person.
(b) Actions taken under color of law must be proportional, reasonable, and justified by lawful purpose, consistent with the duties outlined in Section (1)1.1 of this code.