Did a Kentucky administrative law judge's violation of a governor's ethics order automatically justify removal?

Plain-English summary

After OAG 92-21 said the governor could not remove a workers' compensation administrative law judge for breaching an ethics executive order, the board's chairman asked whether that breach itself counted as a violation of judicial ethics. The AG said no. The Code of Judicial Conduct did not make every executive order violation a Code violation, and its general direction to respect the law was too vague to create that automatic rule.

The board still had authority to remove an administrative law judge for an actual Code violation. The AG said the board could exercise that authority whether or not the same conduct also violated an executive order. It cautioned that official interpretations of the Code belonged to the Ethics Committee of the Kentucky Judiciary.

Currency note

This opinion was issued in 1992. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Historical summary

Workers' Compensation Board members

The opinion rejected a per se link between executive order violations and judicial ethics violations. It said the board could remove an administrative law judge for a Code violation even when the conduct also implicated the governor's order.

Administrative law judges

The AG did not say that an executive order breach could never involve judicial misconduct. It answered the narrower question of whether a breach automatically established a Code violation, and said it did not.

Common questions

Did breaking an executive ethics order automatically break the judicial Code?

No. The AG found no Code provision establishing that automatic result.

Could the board remove a judge for a Code violation that also broke the order?

Yes. The opinion said the board's removal authority for Code violations did not depend on whether the conduct also violated an executive order.

Who could give an official interpretation of the judicial Code?

The AG identified the Ethics Committee of the Kentucky Judiciary under SCR 4.310. It said the committee's opinion process was available to justices, judges, and trial commissioners, which was why the AG answered the board chairman's question himself.

Background and statutory framework

The board asked how the removal rule discussed in OAG 92-21 related to the Code of Judicial Conduct. The opinion identified Supreme Court Rule 4.300 as the apparent source of the “code of judicial ethics” named in the statute. Its final paragraph printed the removal citation as KRS 342.030(4), while the opening discussion cited KRS 342.230(3) and (4); the original text below preserves both forms as printed.

Citations and references

• KRS 342.230(3) and (4): cited in the opening discussion of judge employment and removal.
• KRS 342.030(4): printed in the final paragraph beside the removal quotation.
• SCR 4.310: Ethics Committee interpretation process.
• Rule 4.300: Code of Judicial Conduct identified by the AG.

Source

• Landing page: https://www.ag.ky.gov/Resources/Opinions/Opinions/OAG92-038.htm

Original opinion text

OAG 92-38

March 11, 1992

Armand Angelucci

Chairman of the Workers' Compensation Board

Department of Workers' Claims

Perimeter Park West, Building C

1270 Louisville Road

Frankfort, Kentucky 40601

Dear Mr. Angelucci:

In OAG 92-21 we said that the Governor may not order the removal of an administrative law judge who violates a code of ethics imposed by executive order. We said that an administrative law judge may be removed only under KRS 342.230(3) and (4) for “violation of the code of judicial ethics.” Our opinion has prompted you to ask:

1. If an administrative law judge employed pursuant to KRS 342.230(3) is found to be in violation of an Executive Order issued by the Governor, does this constitute violation of the Code of Judicial Ethics per se?

2. If the answer to question No. 1 is no, is the Workers' Compensation Board precluded from removing an administrative law judge from office under KRS 342.230(3)?

The “code of judicial ethics” cited in the statute apparently refers to the Code of Judicial Conduct adopted by the Supreme Court in Rule 4.300. We find nothing in the Code that would definitively broaden or define its scope to provide that any violation of an executive order constitutes a per se violation of the Code. The only provision of the Code that might suggest such a flat rule is paragraph A of Canon 2, which says:

A judge should respect and comply with the law and should conduct himself at all times in a manner that promotes public confidence in the integrity and impartiality of the judiciary.

We find the quoted language too vague to support a rule that violation of an executive order constitutes a per se violation of the Code. Therefore the answer to your first question is no. We note, however, that official interpretations of the Code can be obtained only from the Ethics Committee of the Kentucky Judiciary under SCR 4.310. We venture to provide an opinion here only because the Ethics Committee provides opinions only to justices, judges, and trial commissioners, and presumably would not offer an opinion on the question you present.

In response to your second question, the Workers' Compensation Board may certainly proceed to remove an administrative law judge for violation of the Code. The statute (KRS 342.030(4)) says, “The board may remove any administrative law judge for violation of the code of judicial ethics.” If an administrative law judge violates the Code, he may be removed, regardless of whether his conduct also violates an executive order.

Sincerely,

Chris Gorman

Attorney General

Ross T. Carter

Assistant Attorney General