[Code of Federal Regulations]

[Title 28, Volume 2]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 28CFR45.2]



[Page 12-13]

 

                    TITLE 28--JUDICIAL ADMINISTRATION

 

              CHAPTER I--DEPARTMENT OF JUSTICE (CONTINUED)

 

PART 45_EMPLOYEE RESPONSIBILITIES--Table of Contents

 

Sec.  45.2  Disqualification arising from personal or political 

relationship.



    (a) Unless authorized under paragraph (b) of this section, no 

employee



[[Page 13]]



shall participate in a criminal investigation or prosecution if he has a 

personal or political relationship with:

    (1) Any person or organization substantially involved in the conduct 

that is the subject of the investigation or prosecution; or

    (2) Any person or organization which he knows has a specific and 

substantial interest that would be directly affected by the outcome of 

the investigation or prosecution.

    (b) An employee assigned to or otherwise participating in a criminal 

investigation or prosecution who believes that his participation may be 

prohibited by paragraph (a) of this section shall report the matter and 

all attendant facts and circumstances to his supervisor at the level of 

section chief or the equivalent or higher. If the supervisor determines 

that a personal or political relationship exists between the employee 

and a person or organization described in paragraph (a) of this section, 

he shall relieve the employee from participation unless he determines 

further, in writing, after full consideration of all the facts and 

circumstances, that:

    (1) The relationship will not have the effect of rendering the 

employee's service less than fully impartial and professional; and

    (2) The employee's participation would not create an appearance of a 

conflict of interest likely to affect the public perception of the 

integrity of the investigation or prosecution.

    (c) For the purposes of this section:

    (1) Political relationship means a close identification with an 

elected official, a candidate (whether or not successful) for elective, 

public office, a political party, or a campaign organization, arising 

from service as a principal adviser thereto or a principal official 

thereof; and

    (2) Personal relationship means a close and substantial connection 

of the type normally viewed as likely to induce partiality. An employee 

is presumed to have a personal relationship with his father, mother, 

brother, sister, child and spouse. Whether relationships (including 

friendships) of an employee to other persons or organizations are 

``personal'' must be judged on an individual basis with due regard given 

to the subjective opinion of the employee.

    (d) This section pertains to agency management and is not intended 

to create rights enforceable by private individuals or organizations.



[Order No. 993-83, 48 FR 2319, Jan. 19, 1983. Redesignated at 61 FR 

59815, Nov. 25, 1996]