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30. Addendum to the Supplemental Regulation on Ethical Standards of Conduct and Outside Activities

MEMORANDUM TO: All Employees of the United States Attorneys' Offices
All Employees of the Executive Office for United States Attorneys

FROM: Carol DiBattiste Director

SUBJECT: Addendum to the Memo of April 30, 1997, Supplemental Regulation on Ethical Standards of Conduct and Outside Activities

ACTION REQUIRED: Please review this memorandum and note changes to memorandum of April 30, 1997.

CONTACT PERSONS: Marcia W. Johnson Legal Counsel Email: AEX13.PO.MJOHNSON Telephone: (202) 514-4024
Robert X. Marcovici Senior Attorney-Advisor Email: AEX13.PO.RMARCOVI (202) 514-4024

GENERAL QUESTIONS: Email: AEX13(ETHICS) Fax: (202) 514-1104

Pursuant to a request from the Attorney General, and the concurrence of the Attorney General's Advisory Committee (AGAC), this memorandum is an addendum to the memorandum from Carol DiBattiste, Director, to All Employees of the United States Attorneys' Offices and all Executive Office for United States Attorneys Employees, Supplemental Regulation on Ethical Standards of Conduct and Outside Activities (April 30, 1997).

In the memorandum of April 30, 1997, the Department approved the granting, at the discretion of the United States Attorneys, of up to twenty-four (24) hours of administrative leave per year, to Assistant United States Attorneys (AUSAs) for bar activities. The Director, Executive Office for United States Attorneys (EOUSA), was given the same authority for EOUSA employees. In addition, under unusual circumstances, United States Attorneys, with the approval of the Director, EOUSA, were authorized to grant administrative leave beyond twenty-four (24) hours per year for bar activities.

This addendum describes three additional types of outside activities for which employees may receive up to forty (40) hours of administrative leave per calendar year, at the discretion of the United States Attorney (for USAO employees) and the Director, EOUSA (for EOUSA employees), as described below: 1) uncompensated law-related teaching; 2) law-related pro bono activities; and 3) certain community services. At the discretion of the United States Attorney (for USAO employees) and the Director, EOUSA (for EOUSA employees), an employee may receive up to forty (40) hours of administrative leave each calendar year for the activities described below, in any combination. That is, as long as the total amount of administrative leave per person per calendar year does not exceed forty (40), an employee could engage in bar activities, teaching, pro bono, and community services in any combination with the following caveats. Bar activities are limited to a total of twenty-four (24) hours of administrative leave per attorney per calendar year, and community services are limited to sixteen (16) hours of administrative leave per person per calendar year. Finally, as described in the April 30, 1997, memorandum, United States Attorneys, with the approval of the Director, EOUSA, have the discretion, under unusual circumstances, to grant more than twenty-four (24) hours of administrative leave for bar activities, but may not exceed the forty (40) hour limit per calendar year.

Uncompensated Law-Related Teaching

Any USAO or EOUSA employee engaged in uncompensated law-related teaching may be granted up to forty (40) hours of administrative leave per calendar year for such activities, at the discretion of the United States Attorney (for USAO employees) and the Director, EOUSA (for EOUSA employees). Law-related teaching includes teaching at a law school, the National Institute of Trial Advocacy, teaching a law course/seminar at any institution of higher learning, or teaching for a Continuing Legal Education provider.

Pro Bono Activities

EOUSA and USAO attorneys may also be granted up to forty (40) hours of administrative leave per calendar year for law-related pro bono activities approved by the appropriate supervisor(s), at the discretion of the United States Attorney (for USAO attorneys) and the Director, EOUSA (for EOUSA attorneys). Pro bono activities in this context are defined as providing legal services to those who are indigent (generally excluding family members, except those listed in 18 U.S.C. § 205) and/or entities for whom providing legal services furthers the public interest. The public interest may be the assertion or defense of public rights which society considers worthy of protection, services to assist charitable, civic, educational or religious non-profit organizations, and services that may improve the administration of justice.

Certain Community Services

Employees who engage in certain community services may be granted up to sixteen (16) hours of administrative leave per calendar year, at the discretion of the United States Attorney (for USAO employees) and the Director, EOUSA (for EOUSA employees). Administrative leave may be appropriate for those who volunteer to perform community services that further a federal interest. Generally, a federal interest is defined in this context as providing volunteer services to an organization that at least indirectly furthers the mission of the Department of Justice. Thus, volunteering at a non-profit organization that is involved with crime prevention, community-building, violence reduction, or at an organization that is sponsored by or receives Department grant funds (e.g., Weed & Seed sites, DARE, Adopt-A-School), may indirectly further the mission of the Department of Justice. This list is not intended to be exhaustive, only illustrative of the concept of "furthering a federal interest."

Conclusion

The above means that the total amount of administrative leave for bar activities, uncompensated law-related teaching, pro bono representation activities, and certain community services, that may be granted to an AUSA or an EOUSA attorney per year is forty (40) hours, at the discretion of the United States Attorneys (for USAO employees) or the Director, EOUSA (for EOUSA employees).

For any other outside activities, not relating to the above-described activities, United States Attorneys have the authority to approve up to eight (8) hours of administrative leave. Any administrative leave request exceeding eight hours that is supported by the United States Attorney, must be submitted to EOUSA for final approval if the request does not relate to the above-described activities.

Please note that the purpose of granting administrative leave as described above is to permit employees to engage in certain outside activities that may only be performed during the workday. The administrative leave policy described in this addendum memorandum is not intended to be used as a substitute for activities that could otherwise be performed during off-duty hours.

Requests for administrative leave exceeding forty (40) hours must be forwarded by the United States Attorney, with his/her recommendation through EOUSA's Legal Counsel's office to the Director, EOUSA, for approval.

We will respond to any requests for approval of outside activities within two weeks upon receipt of the request. Requests should be submitted to the Legal Counsel's office at least two weeks before the date of the outside activity.

If you have questions about these changes, please send an electronic mail message to AEX13.PO.ETHICS or contact the persons listed above.

[cited in USAM 1-4.320; 1-4.350] [Added February 1998]