Overview

§ 410.10 Scope

(a) This Code of Conduct applies to all federal public defender employees, including interns, externs, and other volunteer employees. (When Actually Employed (WAE) employees are subject to canons 1, 2, and 3 and such other provisions of this code as may be determined by the appointing authority).

(b) This Code of Conduct does not apply to private counsel appointed under the Criminal Justice Act, or to attorneys provided by a bar association or legal aid agency or by a community defender organization established in accordance with the provisions of the Criminal Justice Act (18 U.S.C. § 3006A(g)(2)(B)). (For the Model Code of Conduct for Federal Community Defender Employees, see Guide, Vol. 7A, Appx. 4B.)

(c) Nothing contained in these canons is intended to limit or modify the primary responsibility of public defenders, as appointed counsel, to render effective legal representation to clients as required by the Constitution and laws of the United States and by applicable rules governing professional conduct, including the codes of professional responsibility applicable in the jurisdiction in which the public defender practices.

§ 410.20 History

(a) This Code of Conduct for Federal Public Defender Employees was adopted September 19, 1995 by the Judicial Conference of the United States and became effective January 1, 1996. With the adoption of the Code of Conduct for Federal Public Defender Employees on September 19, 1995, the Judicial Conference repealed the Code of the Conduct for Federal Public Defenders.

(b) Canon 6 was revised at the September 1998 Judicial Conference.

(c) The Conference revised Canon 3C and Canon 3D in March 2020.

(d) In March 2024, the Conference revised the “Scope” provision (§ 410.10(a)).

§ 410.30 Definitions

(a) Federal Public Defender Employees, or Defender Employees As used in this code, “federal public defender employees” (or “defender employees”) means federal public defenders, assistant federal public defenders, and all other staff employees of the federal public defender office.

(b) Public Defenders “Public defenders” means only the federal public defenders and assistant federal public defenders.

§ 410.40 Further Guidance

(a) The Judicial Conference has authorized its Committee on Codes of Conduct to render advisory opinions concerning the application and interpretation of this code. Defender employees (other than the federal public defender) should consult with the federal public defender, and the federal public defender may consult with the court of appeals, for guidance on questions concerning this code and its applicability before a request for an advisory opinion is made to the Committee on Codes of Conduct.

(b) In assessing the propriety of one’s proposed conduct, a defender employee should take care to consider all relevant canons in this code, the Ethics Reform Act, and other applicable statutes and regulations (e.g., receipt of a gift may implicate canon 2 as well as canon 5C(2) and the Ethics Reform Act gift regulations).

(c) Should a question remain after this consultation, the affected defender employee may request an advisory opinion from the Committee. Requests for advisory opinions may be addressed to the chair of the Committee on Codes of Conduct by email or as follows: Chair of the Committee on Codes of Conduct c/o Office of the General Counsel Administrative Office of the United States Courts One Columbus Circle, N.E. Washington, D.C. 20544