Code of Professional Conduct

Section 1. APPLICATION AND CONSTRUCTION

(a) This Code governs the professional conduct of every person certified, appointed, detailed, assigned, or otherwise authorized to perform legal or judicial duties within the Judge Advocate General's Corps. It applies to judge advocates, military attorneys, prosecuting counsel, defense counsel, appellate counsel, legal advisors, military judges, appellate judges, and any other person exercising authority derived from legal certification or judicial appointment. Compliance with this Code is a continuing condition of professional standing within the Corps and is not limited to conduct occurring inside a courtroom or during a formally docketed proceeding.

(b) A person subject to this Code remains accountable for professional conduct occurring through official communications, case-management systems, electronic filings, the Corps’ Discord server or other official platforms, private communications concerning an official matter, or any other medium through which legal or judicial authority is exercised. Conduct outside an official platform may constitute professional misconduct where the conduct bears a substantial relationship to the person's fitness, honesty, impartiality, professional responsibilities, or ability to participate fairly in the administration of military justice.

(c) This Code shall be construed to promote the fair, independent, competent, and orderly administration of military justice; protect the legitimate interests of clients and participants; preserve confidence in the legal and judicial system; and establish enforceable standards of professional conduct. The Code shall not be interpreted so rigidly that technical defects or immaterial mistakes made in good faith are automatically treated as professional misconduct. The nature of the act, the person's knowledge and intent, the resulting or threatened harm, and the surrounding circumstances shall be considered when determining whether a violation occurred.

(d) The duties imposed by this Code are cumulative. Compliance with one provision does not excuse noncompliance with another provision, a lawful judicial order, a governing rule of procedure, a Corps regulation, an applicable directive, or any provision of the Uniform Code of Military Justice when applicable. Where two provisions can reasonably operate together, each shall be given effect.

(e) Except where expressly provided otherwise, a violation of this Code is a matter of professional discipline and does not by itself constitute a criminal offense under the Uniform Code of Military Justice. Where conduct prohibited by this Code also constitutes an offense under the Uniform Code of Military Justice, the same underlying conduct may be referred for appropriate action without precluding professional discipline under this Code. Professional proceedings and criminal or disciplinary proceedings may proceed independently where authorized.

(f) The use of the terms "knowingly," "willfully," "recklessly," or "negligently" establishes the state of mind required by the particular provision in which the term appears. "Knowingly" means with actual awareness of the relevant circumstance or result. "Willfully" means intentionally and with the purpose of doing the act prohibited, and does not require proof that the person knew the specific section number or formal title of the rule being violated.

(g) A person does not escape responsibility under this Code by acting through another person, requesting another person to perform prohibited conduct, knowingly causing prohibited conduct to occur, or knowingly assisting another person in committing professional misconduct. Likewise, a person does not avoid responsibility merely because the misconduct was committed electronically, indirectly, through an intermediary, or outside the physical presence of a tribunal.

(h) Nothing in this Code shall be interpreted to prohibit good-faith legal disagreement, vigorous advocacy, criticism of legal reasoning, appropriate appellate review, requests for reconsideration, lawful challenges to authority, or the assertion of a novel interpretation of law. Professional independence necessarily permits disagreement. The Code regulates misconduct, not the mere existence of opposing legal views.

Section 2. INTEGRITY AND ADMINISTRATION OF JUSTICE

(a) Every person subject to this Code shall conduct professional duties with honesty, integrity, and respect for the administration of justice. Legal authority shall be exercised for legitimate professional purposes and shall not be used as an instrument of personal retaliation, favoritism, harassment, intimidation, private advantage, or factional interests. A person entrusted with legal or judicial authority occupies a position requiring greater care than an ordinary participant because that authority may directly affect proceedings, professional standing, and the rights of others.

(b) Whoever knowingly and willfully falsifies an official legal record, materially alters a filing without authorization, fabricates an official judicial action, knowingly creates a false representation of a ruling or disposition, or causes such an act to be performed commits serious professional misconduct. The same applies to a person who knowingly and willfully conceals, destroys, or manipulates an official legal record for the purpose of misleading a tribunal, preventing review, altering the apparent history of a proceeding, or obtaining an improper advantage.

(c) A person subject to this Code shall not knowingly obstruct or improperly interfere with the lawful administration of a case, investigation, appeal, disciplinary matter, or judicial proceeding. Improper interference includes intentionally preventing an authorized person from filing a matter, corruptly interfering with service or notice, knowingly suppressing an official order, deliberately disrupting a proceeding for an improper purpose, or using administrative access to manipulate the progress or outcome of a case.

(d) Whoever knowingly and willfully uses legal, judicial, supervisory, certification, or administrative authority to punish another person for a lawful filing, lawful ruling, good-faith report, protected representation of a client, lawful appeal, or good-faith exercise of professional independence commits serious professional misconduct. This prohibition does not prevent lawful discipline, judicial sanctions, performance action, case-management action, or other measures supported by legitimate grounds.

(e) An attorney or judge shall not knowingly make a materially false representation concerning his or her own authority, appointment, certification, access, assignment, or official action. A person shall not falsely claim to have entered an order, received approval from Corps leadership, spoken for a tribunal, represented a client, or possessed authority not actually granted.

(f) Professional integrity requires more than the absence of intentional fraud. A repeated pattern of reckless disregard for official records, legal obligations, court orders, filing accuracy, or the truthfulness of representations may constitute professional misconduct where the pattern demonstrates substantial indifference to the proper administration of justice.

Section 3. DILIGENCE

(a) An attorney shall act with reasonable diligence, promptness, and attention in carrying out professional responsibilities. Representation requires more than passive possession of a case. Counsel shall take the steps reasonably necessary to protect the client's interests, comply with applicable deadlines, respond to material developments, and advance or defend the matter consistent with the client's lawful objectives.

(b) An attorney shall not intentionally neglect a matter entrusted to the attorney. Repeated failure to review communications, unexplained disappearance during active litigation, abandonment of required filings, repeated missed deadlines without reasonable excuse, or failure to take necessary action despite adequate notice may constitute professional misconduct where the conduct materially prejudices or creates a substantial risk of prejudicing a client, proceeding, or administration of justice.

(c) Where counsel knows that a deadline, hearing, filing requirement, or other obligation cannot reasonably be met, counsel should notify the appropriate person or tribunal as soon as practicable and seek an extension, continuance, reassignment, or other lawful accommodation when available. Concealing the inability to comply or waiting until the deadline has passed without reasonable cause may be considered in determining whether counsel acted diligently.

(d) Diligence does not require counsel to file every conceivable motion, raise every imaginable objection, conduct unnecessary proceedings, or exhaust resources upon arguments counsel reasonably determines are immaterial, redundant, strategically unsound, or unsupported. Counsel retains professional discretion concerning the means by which lawful representation is performed.

(e) A judge shall conduct and dispose of assigned judicial business with reasonable promptness consistent with fairness, due process, adequate consideration, and the complexity of the matter. Speed shall not be pursued at the expense of a party's meaningful opportunity to be heard. At the same time, judicial authority shall not be used to permit unnecessary delay, indefinite inactivity, or intentional withholding of decisions for personal or improper reasons.

(f) In determining whether a person violated this section, consideration may be given to workload, availability, emergency circumstances, complexity, reasonable reliance upon others, technical failures, unavoidable absence, and other conditions affecting performance. Discipline should distinguish genuine neglect from unavoidable delay or an isolated good-faith mistake.

Section 4. CLIENT COMMUNICATION AND DECISIONS

(a) An attorney representing a client shall maintain reasonable communication concerning the representation. Counsel shall keep the client reasonably informed of significant developments, explain material rulings and deadlines, answer reasonable requests for information within a reasonable period, and communicate matters requiring the client's decision. The extent and form of communication may vary according to the urgency and circumstances of the matter.

(b) Counsel shall explain significant legal and procedural matters in a manner reasonably sufficient to permit an informed decision by the client. An attorney is not required to guarantee an outcome or provide certainty where none exists. Counsel should candidly explain material risks, weaknesses, available alternatives, and foreseeable consequences without intentionally exaggerating or minimizing them for the purpose of controlling the client's decision.

(c) Decisions reserved by law, rule, or governing procedure to the client shall ultimately belong to the client after appropriate consultation with counsel. Counsel may strongly advise against a particular lawful decision, but shall not knowingly misrepresent the law, evidence, consequences, or availability of alternatives in order to force the client to adopt counsel's preferred course.

(d) Decisions concerning legal strategy, tactical choices, presentation of argument, selection of issues, and other matters entrusted to professional judgment may be made by counsel after reasonable consideration of the client's objectives. Counsel should consult the client concerning significant tactical decisions when practicable, particularly where those decisions may materially affect the client's rights or the ultimate disposition.

(e) Whoever knowingly and willfully lies to a client concerning the existence of a filing, the occurrence of a hearing, the entry of a judicial order, the acceptance or rejection of a disposition, the expiration of a deadline, or another material fact concerning the client's case commits professional misconduct. An attorney who discovers that material information previously communicated to a client was inaccurate shall take reasonable steps to correct it.

(f) Nothing in this section requires counsel to assist a client in conduct prohibited by law, this Code, a court order, or applicable procedure. Counsel may refuse a client's instruction that would require false testimony, destruction of evidence, frivolous litigation, harassment, deception of the tribunal, or another prohibited act.

Section 5. CONFIDENTIALITY

(a) An attorney shall protect information obtained through or relating to professional representation where the information is confidential, privileged, sealed, restricted, nonpublic, or reasonably understood under the circumstances to have been provided in confidence. The duty applies whether the information was communicated directly by the client or obtained through case files, investigation, discovery, consultation, communications with another attorney, or access granted by reason of professional office.

(b) An attorney shall not disclose protected information merely because the information appears interesting, embarrassing, politically useful, personally advantageous, or likely to attract public attention. Whoever knowingly and willfully releases sealed, privileged, or materially confidential case information without lawful authorization, and does so knowing the information is protected, commits serious professional misconduct.

(c) Disclosure may be made with the informed authorization of the client where the client possesses authority to authorize disclosure. Disclosure may also be made where required by a lawful order, controlling rule, or other authority; where reasonably necessary to obtain confidential professional advice concerning compliance with legal or ethical obligations; or where reasonably necessary to respond to an allegation concerning the attorney's own conduct in the representation. Any disclosure should be limited to what is reasonably necessary for the authorized purpose.

(d) An attorney shall take reasonable measures to protect confidential material from unauthorized access, accidental publication, careless forwarding, improper screenshots, unauthorized copying, or disclosure through insecure channels. What constitutes reasonable protection depends upon the sensitivity of the information and the circumstances, but an attorney shall not treat access to protected information casually merely because the legal system operates through online platforms.

(e) Protected information shall not be used to disadvantage a current or former client or to provide an improper advantage to another person. An attorney shall not use confidential information learned in one representation as a weapon in an unrelated personal dispute, disciplinary dispute, political dispute, or subsequent representation where such use is prohibited.

(f) The duty of confidentiality continues after the representation ends, after a case is closed, and after the attorney leaves an office, branch, judicial assignment, or the Corps. Termination of professional status does not convert protected case material into personal property or authorize its disclosure.

Section 6. CONFLICTS OF INTEREST

(a) An attorney shall not undertake or continue representation where a substantial conflict of interest materially impairs, or creates a substantial risk of materially impairing, the attorney's independent professional judgment, loyalty, or ability to represent the client. A conflict may arise from duties owed to another client, duties arising from a former representation, the attorney's own substantial personal interest, or prior participation in an incompatible official role.

(b) An attorney shall not represent opposing parties in the same proceeding or knowingly represent materially adverse interests in the same matter. An attorney who has personally and substantially participated as prosecutor, defense counsel, investigator, judge, judicial advisor, or other decision-maker in a matter shall not later assume an incompatible role in the same matter unless such participation is expressly permitted by governing procedure and any required waiver is validly obtained.

(c) A personal relationship does not automatically establish a disqualifying conflict. The relevant question is whether the relationship creates a substantial risk that professional judgment will be affected or whether a reasonable person aware of the circumstances would have substantial grounds to question the attorney's loyalty or independence. Close friendship, hostility, romantic involvement, significant personal disputes, or a direct personal stake may require disclosure or withdrawal depending upon the circumstances.

(d) An attorney who becomes aware of a potential conflict shall promptly evaluate the conflict and disclose it to the appropriate authority when disclosure is necessary to determine whether continued representation is permissible. Where applicable, affected clients shall receive sufficient information to understand the material risks of the conflict before any waiver is sought.

(e) A conflict may be waived only where waiver is permitted, the affected client or authority is adequately informed, the attorney reasonably believes competent and diligent representation remains possible, and the conflict does not fundamentally undermine the fairness or integrity of the proceeding. No waiver shall validate representation where the attorney would necessarily be required to act directly against one current client in order to represent another in the same matter.

(f) Whoever knowingly conceals a material disqualifying conflict for the purpose of remaining in a case, controlling its outcome, obtaining access to confidential information, or benefiting another person may be subject to professional discipline. An inadvertent failure to identify a remote or nonmaterial conflict should be distinguished from intentional concealment of a substantial one.

Section 7. LOYALTY AND DUTIES TO CLIENTS

(a) An attorney owes the client professional loyalty within the lawful scope of the representation. Counsel shall place the lawful interests of the client above personal convenience, personal popularity, internal politics, fear of criticism, friendship with opposing participants, hostility toward the client, or pressure from persons lacking authority to control the representation.

(b) Loyalty does not require personal agreement with the client's actions, beliefs, personality, or litigation objectives. Defense counsel may represent a person accused of serious misconduct without adopting the client's conduct as the attorney's own. Government counsel may exercise independent professional judgment even when another official strongly prefers a different result.

(c) An attorney shall not intentionally prejudice the client's case for personal advantage or retaliation. Whoever knowingly and willfully sabotages a client's representation, intentionally reveals protected strategy to an opposing party, intentionally fails to perform a material duty for the purpose of harming the client, or uses representation to advance an undisclosed adverse interest commits serious professional misconduct.

(d) Counsel shall exercise independent professional judgment. A client may establish lawful objectives and make those decisions reserved to the client, but counsel is not required to pursue a method that is unlawful, fraudulent, frivolous, abusive, or prohibited by this Code. Counsel may explain that a requested act cannot ethically or legally be performed and may recommend lawful alternatives.

(e) An attorney shall not enter into an undisclosed arrangement with an opposing party, counsel, witness, command official, or other person that materially compromises the client's interests. Professional courtesy and legitimate negotiation are permitted. Secret agreements designed to disadvantage one's own client are not.

(f) Upon conclusion of representation, an attorney shall take reasonable steps to protect the client's continuing legal interests, including transfer of authorized case materials, notice of unresolved deadlines where applicable, and reasonable cooperation with successor counsel.

Section 8. CANDOR TO THE TRIBUNAL

(a) An attorney appearing before a tribunal owes a duty of candor that exists alongside the attorney's duty of advocacy. An attorney may characterize facts and law favorably to the client, contest adverse evidence, distinguish precedent, and advance reasonable interpretations. Advocacy becomes misconduct when counsel knowingly converts argument into material falsehood.

(b) Whoever knowingly and willfully makes a materially false statement of fact to a tribunal, knowing the statement to be false and intending the tribunal to rely upon it, commits serious professional misconduct. The same rule applies to a knowingly false representation concerning evidence, procedural history, the contents of the record, the existence of authorization, or another matter material to judicial action.

(c) An attorney shall not knowingly cite nonexistent authority, fabricate quotations, materially alter the language of a cited authority, or represent that an authority holds something counsel knows it does not hold. Where counsel later discovers that a material citation, quotation, or representation submitted to the tribunal was false or substantially inaccurate, counsel shall take reasonable corrective action.

(d) Counsel shall not knowingly offer evidence counsel knows to be false. If counsel learns that material evidence already presented by counsel was false, counsel shall take reasonable steps consistent with confidentiality obligations and applicable procedure to correct the matter. The mere fact that counsel doubts a witness, suspects inconsistency, or believes testimony may be inaccurate does not establish actual knowledge of falsity.

(e) Counsel shall not deliberately conceal controlling authority when governing rules require its disclosure, nor shall counsel knowingly misrepresent the procedural status or precedential effect of authority. Counsel remains free to argue that authority is distinguishable, wrongly decided, inapplicable, superseded, or should be reconsidered where a good-faith basis exists.

(f) The duty of candor applies to material oral representations, written filings, evidence submissions, representations concerning settlement or plea status when made to the tribunal, and material statements submitted through electronic case systems. It continues until the proceeding has reached final disposition to the extent corrective action remains reasonably available.

Section 9. FAIRNESS AND PROFESSIONAL DEALINGS

(a) An attorney shall deal fairly with opposing counsel, parties, witnesses, court personnel, investigators, clerks, and other participants. Vigorous advocacy does not excuse deliberate deception, harassment, evidence tampering, intentional obstruction of lawful access to information, or conduct whose principal purpose is to abuse another participant rather than advance a legitimate legal position.

(b) Counsel shall not knowingly conceal, destroy, alter, fabricate, or obstruct lawful access to evidence where disclosure, preservation, or production is required. Whoever knowingly and willfully destroys or materially alters evidence for the purpose of preventing its use in an official proceeding commits serious professional misconduct and may also be referred for action under any applicable punitive provision.

(c) Attorneys shall comply with lawful discovery obligations, scheduling orders, filing requirements, service requirements, and procedural directives. A good-faith challenge to the validity, scope, or interpretation of an obligation may be raised through appropriate procedure. Counsel shall not simply disregard an obligation because counsel personally disagrees with it.

(d) Threats concerning lawful litigation consequences do not automatically constitute misconduct. Counsel may state that a motion will be filed, sanctions will be sought, an appeal will be taken, or lawful disciplinary review will be requested where a genuine basis exists. Threats become improper where they are knowingly baseless, extortionate, personally abusive, retaliatory, or intended to obtain an advantage unrelated to legitimate legal interests.

(e) Attorneys shall maintain reasonable civility even in adversarial matters. Sharp disagreement, forceful cross-examination, criticism of an argument, and firm objection are permitted. Repeated personal insults, deliberate humiliation, discriminatory abuse, targeted harassment, or conduct designed primarily to provoke rather than litigate may constitute professional misconduct.

(f) Professional courtesy does not require counsel to waive a client's rights, overlook misconduct, consent to adverse action, or avoid making legitimate objections. Fairness requires honesty and procedural integrity, not surrender of lawful advocacy.

Section 10. EVIDENCE AND WITNESSES

(a) An attorney shall preserve the integrity of evidence and witness testimony. Counsel may interview witnesses, prepare witnesses for testimony, explain procedures, review documents, discuss anticipated questioning, and identify areas requiring clarification. Witness preparation shall not be used to manufacture testimony or replace a witness's own recollection with a story supplied by counsel.

(b) Whoever knowingly and willfully fabricates evidence, directs another person to fabricate evidence, materially alters evidence for deceptive use, or knowingly presents fabricated evidence as genuine commits serious professional misconduct. The creation of demonstrative exhibits, summaries, reconstructions, hypotheticals, or illustrative materials is not fabrication when their nature is accurately disclosed.

(c) An attorney shall not instruct, encourage, induce, or knowingly assist a witness to testify falsely. Counsel may challenge a witness's recollection, discuss inconsistencies, and explain that a witness should testify only to matters actually remembered. Counsel shall not tell a witness what false answer to provide or condition assistance upon adoption of a fabricated account.

(d) Whoever knowingly and willfully threatens, intimidates, bribes, retaliates against, or applies improper pressure to a witness for the purpose of altering testimony, preventing lawful testimony, causing false testimony, or punishing truthful participation commits serious professional misconduct. Legitimate cross-examination, lawful compulsory process, warnings concerning legal obligations, and disclosure of truthful consequences are not improper intimidation merely because they create pressure.

(e) Counsel shall not improperly obstruct another party's lawful access to a witness. A witness who is not subject to a lawful restriction generally retains the ability to decide whether to communicate with counsel. An attorney may advise a client or represented person concerning communications to the extent permitted by law and procedure.

(f) Where counsel becomes aware that evidence may have been falsified, altered, improperly obtained, or materially compromised, counsel shall address the issue in accordance with applicable procedural and professional duties. The attorney shall not knowingly perpetuate a false representation concerning the authenticity or condition of evidence.

Section 11. MERITORIOUS PROCEEDINGS AND FILINGS

(a) An attorney shall not commence, continue, defend, appeal, or materially advance a proceeding or claim that counsel knows is frivolous, fraudulent, or undertaken solely for harassment, retaliation, unnecessary delay, or another improper purpose. A matter is not frivolous merely because it is difficult, novel, unpopular, factually disputed, contrary to existing precedent, or unlikely to prevail.

(b) A good-faith argument for extension, modification, limitation, or reversal of existing law is permitted. Attorneys are expected to test uncertain legal questions and may advance reasonable interpretations not previously accepted. The existence of adverse authority does not alone make a filing frivolous when counsel accurately addresses or distinguishes that authority.

(c) A filing shall possess a reasonable factual and legal basis appropriate to the stage of the proceeding. Preliminary filings may rely upon allegations or information reasonably believed capable of support where procedure permits. Counsel shall not knowingly convert rumor, speculation, or invented facts into affirmative statements of established fact.

(d) Whoever knowingly and willfully submits a materially false filing, fabricated citation, forged exhibit, nonexistent judicial order, or falsified representation of another person's statement commits professional misconduct. The seriousness of the violation increases where the fabrication is designed to trigger arrest, punishment, suspension, disqualification, adverse judgment, or another substantial consequence.

(e) An attorney shall not repeatedly file substantially identical matters that have been conclusively resolved where no new legal or factual basis exists and the purpose is merely to burden another participant or evade a final ruling. This restriction does not prohibit authorized appeals, motions for reconsideration, collateral challenges, renewed applications permitted by rule, or filings based upon genuinely new circumstances.

(f) Counsel signing or submitting a filing is professionally responsible for exercising reasonable care concerning its contents. Attribution to a template, automated drafting tool, subordinate, co-counsel, or prior filing does not excuse knowingly or recklessly submitting materially false content.

Section 12. IMPROPER INFLUENCE

(a) Legal and judicial decision-making shall remain free from improper influence. No person subject to this Code shall attempt to determine the outcome of a proceeding through unauthorized threats, personal favors, coercive use of rank, undisclosed promises, private pressure, retaliatory action, or another means outside legitimate legal and supervisory processes.

(b) Whoever knowingly and willfully attempts to cause a judge to decide a pending matter upon considerations other than the law, evidence, authorized judicial discretion, and proper record, through threats, favors, retaliation, or abuse of official position, commits serious professional misconduct. Legitimate legal argument, authorized appellate review, administrative supervision unrelated to adjudicative outcomes, and public or private criticism that does not involve prohibited pressure are not improper influence.

(c) No supervisor, commander, Corps leader, or other official shall direct counsel to make a professional representation the attorney knows to be false, suppress evidence counsel is obligated to disclose, violate a lawful order, or adopt a legal conclusion solely because a predetermined result is desired. Supervisors may establish policy, assign cases, review work, offer advice, and resolve legitimate supervisory questions within the scope of their lawful authority.

(d) An attorney shall not allow personal friendship, hostility, romantic relationships, political considerations, rank considerations, or fear of professional retaliation to substitute for independent legal judgment. Where outside pressure threatens materially to impair professional duties, the attorney should disclose the problem through an appropriate professional or supervisory channel.

(e) A judge who receives an improper attempt at influence shall take reasonable action appropriate to the seriousness of the matter. Such action may include disregarding the communication, preserving a record, notifying affected parties, referring the matter for professional review, recusing where necessary, or taking other action authorized by procedure.

(f) A person who reports suspected improper influence in good faith shall not be retaliated against merely because the report implicates a senior official, supervisor, judge, prosecutor, defense counsel, or Corps leader.

Section 13. GOVERNMENT AND PROSECUTING COUNSEL

(a) Government and prosecuting counsel possess responsibilities extending beyond the pursuit of conviction or adverse disposition. Their function is to represent the lawful interests of the Government while contributing to a fair and reliable system of justice. Prosecutorial authority shall therefore be exercised with professional judgment and shall not be treated as a personal contest against the accused or opposing counsel.

(b) A prosecutor shall not knowingly initiate or maintain a charge that lacks the minimum legal and factual basis required by governing law or procedure. Where evidence materially changes and the prosecutor concludes that an existing charge can no longer lawfully be maintained, the prosecutor shall take reasonable action consistent with applicable authority rather than continuing the charge solely to preserve leverage or appearances.

(c) Government counsel shall comply with disclosure obligations imposed by law, procedure, discovery rules, judicial orders, and applicable regulations. Whoever knowingly and willfully conceals material evidence that the prosecutor is required to disclose, with the purpose of depriving the accused of its lawful use, commits serious professional misconduct.

(d) A prosecutor who learns that material evidence presented by the Government was false shall take reasonable corrective action. A prosecutor shall not knowingly elicit false testimony, knowingly permit materially false testimony to remain uncorrected where correction is required, or intentionally create a misleading impression concerning evidence through statements known to be false.

(e) Prosecutorial discretion shall not be exercised for personal retaliation, favoritism, private hostility, political advantage, punishment of lawful criticism, or coercion unrelated to legitimate prosecutorial objectives. Differences in charging or disposition are not misconduct merely because cases are treated differently; the question is whether the decision was based upon a lawful and professionally defensible consideration.

(f) Prosecutors shall respect the professional independence and lawful role of defense counsel. A prosecutor shall not deliberately interfere with an accused person's access to counsel, seek confidential defense communications without lawful authority, or punish defense counsel for performing legitimate adversarial functions.

(g) Government counsel may advocate forcefully for conviction, punishment, sanctions, procedural rulings, or other lawful relief. Nothing in this section requires prosecutorial neutrality between competing positions. It requires fairness, lawful conduct, and the absence of knowing abuse of prosecutorial authority.

Section 14. DEFENSE COUNSEL

(a) Defense counsel shall provide loyal, independent, competent, and diligent representation within the bounds of law. The duty to represent an accused does not depend upon personal belief in innocence, approval of the accused's conduct, popularity of the defense, or the seriousness of the allegation. Every client entitled to representation shall receive meaningful advocacy rather than merely nominal assistance.

(b) Defense counsel may require the Government to establish every legally required element and may challenge the credibility, admissibility, legality, weight, reliability, or sufficiency of Government evidence. Counsel does not act dishonestly by advancing a lawful defense, testing evidence, invoking procedural protections, or declining to concede a fact the Government bears the burden to prove.

(c) Counsel shall communicate significant rights, major procedural choices, material plea or settlement proposals where applicable, substantial risks, and important appellate consequences to the client. Advice may be forceful and candid. Counsel may explain that a proposed course is unwise or likely to fail but shall not intentionally deceive the client into abandoning a lawful right.

(d) Defense counsel shall not knowingly present fabricated evidence, suborn perjury, make knowingly false material statements, destroy evidence, or assist the client in fraudulent conduct. A client's desire to engage in such conduct does not require counsel to participate. Counsel shall respond in accordance with applicable confidentiality, candor, withdrawal, and procedural obligations.

(e) Whoever knowingly and willfully reveals confidential defense strategy to the prosecution or another adverse participant without authorization, for the purpose of harming the client or providing an improper advantage, commits serious professional misconduct. Necessary disclosures authorized by the client, required by law, or permitted under the confidentiality provisions of this Code are not prohibited.

(f) Defense counsel shall preserve professional independence from commanders, prosecutors, investigators, Corps leadership, and other officials who may possess institutional interests adverse to the client. Administrative supervision may regulate assignments, qualifications, workload, and professional standards, but shall not be used to dictate a defense position contrary to counsel's independent professional judgment.

Section 15. WITHDRAWAL AND TERMINATION

(a) An attorney shall seek to withdraw from representation when continued representation would require the attorney to violate this Code, a lawful order, controlling law, or another binding professional obligation. Withdrawal may also be appropriate where a disabling conflict develops, the attorney becomes unable to provide competent representation, or another substantial circumstance makes continued representation professionally unreasonable.

(b) An attorney may seek withdrawal where a client persists in conduct counsel reasonably believes is criminal, fraudulent, abusive, or inconsistent with the terms of representation; where the client materially refuses to cooperate; where the attorney-client relationship has deteriorated to the point that effective representation is substantially impaired; or where other good cause exists. The existence of disagreement alone does not automatically justify abandonment of a client.

(c) Where tribunal approval is required, counsel shall continue representation until withdrawal is authorized unless an emergency or controlling authority permits otherwise. An attorney shall not simply disappear, stop responding, remove access, or declare representation terminated when formal approval is required to protect the client's rights.

(d) Upon termination, counsel shall take reasonable steps to avoid foreseeable prejudice to the client. Such steps may include reasonable notice, communication of pending deadlines, transfer of authorized files, return of material belonging to the client, and cooperation with successor counsel. Counsel need not take actions prohibited by law or expose protected information beyond what is authorized.

(e) A client may discharge counsel to the extent permitted by governing law and procedure. Where substitution requires approval, appointment of replacement counsel, or other formal action, counsel shall accurately explain that requirement rather than falsely representing that discharge has no effect or immediate effect when the law provides otherwise.

(f) Termination of representation does not terminate duties that expressly survive representation, including applicable confidentiality obligations, restrictions concerning former-client information, and responsibilities concerning the integrity of official records.

Section 16. SUPERVISORY RESPONSIBILITY

(a) An attorney exercising direct supervisory authority over other legal personnel shall make reasonable efforts to ensure that professional work performed under that supervision complies with this Code and governing procedure. Supervisory responsibility requires reasonable systems, guidance, review, and intervention appropriate to the subordinate's experience, assigned duties, and the seriousness of the work.

(b) A supervisor shall not order, encourage, knowingly permit, or knowingly ratify conduct that would violate this Code if performed by the supervisor. Whoever knowingly and willfully directs a subordinate to falsify a record, suppress required evidence, make a false representation, violate a lawful court order, or engage in another serious act of professional misconduct is subject to discipline whether or not the subordinate ultimately complies.

(c) A supervisor is not automatically responsible for every error committed by a subordinate. Responsibility arises where the supervisor personally directs or approves the misconduct, knows of misconduct while its consequences can reasonably be prevented or mitigated and deliberately fails to act, or maintains such reckless disregard of supervisory responsibilities that serious misconduct becomes substantially foreseeable.

(d) A subordinate attorney remains independently responsible for personal professional conduct. The statement that a superior ordered an act does not excuse a violation where the subordinate knew the act was prohibited. Where a genuinely debatable question of professional duty exists, however, a subordinate may ordinarily rely upon a supervisor's reasonable resolution unless the resolution is clearly unlawful or unethical.

(e) Supervisors shall not retaliate against subordinate attorneys for respectfully raising professional concerns, seeking ethical guidance, refusing to make a knowingly false statement, reporting serious misconduct, or requesting clarification of an apparently improper directive. Professional supervision may include correction, criticism, reassignment, and performance review where supported by legitimate grounds.

(f) Supervisory authority should be exercised in a manner that develops competence rather than merely punishes mistakes. Training, correction, mentoring, closer review, or temporary limitations may be appropriate for deficiencies that do not require formal discipline.

Section 17. LEADERSHIP RESPONSIBILITY

(a) The Judge Advocate General, Deputy Judge Advocate General, Assistant Judge Advocates General, and other officers or officials exercising legal authority within or over the Corps shall administer professional standards in a manner consistent with fairness, institutional integrity, and professional independence. Leadership authority exists to preserve the functioning of the Corps and shall not be treated as personal ownership of legal the legal and judicial system.

(b) Corps leadership may establish qualification requirements, certification standards, assignments, professional procedures, training requirements, access controls, administrative policies, disciplinary processes, and other measures reasonably related to the operation of the legal system. Such authority shall be exercised consistently with any superior law, regulation, judicial authority, or other governing rule.

(c) Leadership shall not use certification, promotion, case assignment, removal, access privileges, disciplinary referral, or other administrative authority as retaliation against an attorney or judge for a good-faith legal opinion, lawful ruling, proper representation of a client, authorized dissent, lawful appeal, or good-faith report of misconduct. Adverse action remains permissible where supported by legitimate performance, disciplinary, qualification, security, administrative, or operational grounds.

(d) Whoever knowingly and willfully uses Corps leadership authority to cause the falsification of a case record, predetermined judicial result, suppression of required evidence, fabrication of professional charges, or retaliatory professional punishment without legitimate basis commits serious professional misconduct.

(e) Leadership shall respond reasonably to credible allegations of serious misconduct. This duty does not require immediate belief in an accusation or automatic punishment of the accused. It requires appropriate screening, preservation of necessary records, protection of relevant proceedings, and initiation or referral of further review where warranted.

(f) Persons exercising professional disciplinary authority should seek reasonable consistency in treatment of similarly situated persons while recognizing that intent, position, prior history, harm, cooperation, experience, and other circumstances may justify different outcomes. Discipline shall not be imposed merely to satisfy public pressure or personal hostility.

(g) The Judge Advocate General retains such Corps-wide supervisory, interpretive, certification, and disciplinary authority as is assigned by governing law or regulation. Delegation of investigative, preliminary review, administrative, or disciplinary functions does not necessarily divest the Judge Advocate General of ultimate authority unless the governing instrument expressly provides otherwise.

Section 18. JUDICIAL INDEPENDENCE AND INTEGRITY

(a) A judge shall preserve judicial independence and decide matters according to applicable law, admissible evidence, authorized discretion, and the proper record. Judicial power shall not be exercised to advance personal interests, reward allies, punish critics, serve factional interests, or produce a result demanded by persons outside the lawful judicial process.

(b) A judge shall resist improper influence from commanders, attorneys, Corps leadership, parties, friends, superior officers, political or administrative officials, and public pressure. Judicial independence does not eliminate lawful appellate review, procedural rules, lawful administrative supervision, or professional discipline. It protects the adjudicative judgment required in individual cases.

(c) Whoever, while acting in a judicial capacity, knowingly and willfully enters a materially false order, fabricates a judicial action that did not occur, alters an official disposition for an improper purpose, or knowingly represents that a party was heard when no such opportunity was provided commits serious judicial misconduct.

(d) A judge shall not use judicial authority to obtain personal favors, preferential treatment, private information unrelated to legitimate judicial needs, or advantages in disputes outside the case. The prestige of judicial office shall not be used to pressure others into personal compliance.

(e) A judge may exercise firm control over proceedings. Judicial integrity does not require passivity in the face of contemptuous behavior, intentional disruption, frivolous filings, discovery abuse, violation of orders, or other misconduct. Sanctions and corrective actions shall, however, rest upon legitimate judicial grounds rather than personal anger or humiliation.

(f) Judicial independence also requires intellectual independence. A judge may reconsider prior reasoning, disagree with another judge, distinguish authority, or reach an unpopular result when supported by the judge's good-faith interpretation of governing law. A legally erroneous ruling made in good faith is ordinarily a matter for review rather than professional discipline.

Section 19. JUDICIAL IMPARTIALITY AND DISQUALIFICATION

(a) A judge shall perform judicial duties impartially and shall not favor or disfavor a party because of friendship, hostility, status, rank, service or office affiliation, representation by particular counsel, prior criticism, popularity, or another consideration unrelated to the merits and lawful administration of the case.

(b) A judge shall disqualify from a proceeding where the judge possesses an actual bias concerning a party or material issue, has a substantial personal interest in the outcome, previously participated personally and substantially in an incompatible role in the same matter, possesses material disputed knowledge obtained outside proper judicial proceedings, or otherwise faces circumstances creating a substantial and objectively reasonable question concerning impartiality.

(c) Mere familiarity with a participant does not automatically require recusal. The administration of military justice may involve recurring interaction among judges, attorneys, commanders, and officials. The existence of professional acquaintance, prior legal disagreement, ordinary friendship, prior rulings involving the same attorney, or knowledge acquired in a proper judicial capacity does not alone establish disqualification.

(d) A judge who becomes aware of a potential basis for disqualification shall reasonably evaluate the issue and disclose relevant circumstances where disclosure is necessary for fair consideration. A judge shall not intentionally conceal a substantial disqualifying relationship or interest in order to retain control of a case.

(e) Whoever knowingly and willfully remains in a matter despite an undisclosed direct personal interest in its outcome, and does so for the purpose of influencing the result for personal advantage or the advantage of an associated person, commits serious judicial misconduct.

(f) A party's request for recusal shall be considered under applicable procedure and shall not automatically require removal merely because recusal is demanded. Recusal procedure should prevent both genuine partiality and strategic judge-shopping.

(g) Where disqualification is established after substantial judicial action has occurred, the appropriate reviewing authority may determine what prior actions remain valid, require reconsideration, or otherwise address the effect according to governing law and procedure.

Section 20. EX PARTE COMMUNICATIONS

(a) A judge shall not knowingly initiate, invite, permit, or consider a substantive communication concerning the merits of a pending or impending contested matter when a party entitled to participate in that communication is absent, except where such communication is expressly authorized by law, rule, emergency procedure, or another legitimate judicial function.

(b) An ex parte communication is not prohibited merely because one party is absent. Administrative communications concerning scheduling, technical access, filing mechanics, courtroom logistics, service, routine case management, or similar matters may occur where they do not address contested merits or provide an unfair substantive advantage.

(c) A judge may consult authorized judicial staff, other judges, or appropriate legal resources concerning legal and procedural questions provided that the consultation preserves the judge's independent judgment and does not improperly introduce disputed facts outside the record. A judge shall not use supposed consultation as a method for allowing an interested outsider to secretly dictate a result.

(d) An attorney shall not knowingly seek to obtain an improper private audience with a judge for the purpose of influencing the merits of a matter outside the presence or knowledge of another party. Whoever knowingly and willfully provides material undisclosed information to a judge in violation of this section for the purpose of securing an improper advantage commits professional misconduct.

(e) If a judge receives an unauthorized substantive ex parte communication, the judge shall take reasonable corrective action. Depending upon the circumstances, corrective action may include terminating the communication, preserving the communication, notifying the parties of its substance, permitting a response, referring misconduct, or recusing where the communication has materially compromised impartiality.

(f) Emergency applications may be heard without prior participation of another party where governing law or procedure authorizes such relief. A judge considering emergency ex parte relief shall apply the legal standard governing that relief and shall not treat the absence of the opposing party as permission to disregard ordinary duties of accuracy and fairness.

Section 21. TREATMENT OF PARTICIPANTS

(a) A judge shall treat parties, attorneys, witnesses, staff, clerks, and other participants with reasonable dignity, patience, professionalism, and fairness. Judicial office carries authority over proceedings, not a license for personal abuse. Participants shall be permitted to perform their lawful roles without unnecessary humiliation or harassment.

(b) A judge may admonish misconduct, interrupt improper argument, control repetitive examination, impose lawful sanctions, enforce decorum, and speak firmly when necessary. The relevant distinction is between legitimate judicial control and conduct designed primarily to insult, embarrass, retaliate against, or personally degrade another person.

(c) Whoever, while exercising judicial authority, knowingly and willfully threatens a participant with an adverse judicial result solely because that participant criticized the judge, filed a lawful appeal, sought recusal, reported misconduct, or exercised another protected procedural right commits serious judicial misconduct.

(d) A judge shall provide the parties a reasonable opportunity to be heard on matters to which they are legally entitled to respond. The opportunity need not be unlimited. Judges may impose reasonable filing limits, deadlines, argument limits, evidentiary restrictions, and procedural controls where authorized and fairly applied.

(e) Judicial temperament shall be considered in context. A single impatient remark, stern instruction, or sharp response does not necessarily constitute misconduct. A pattern of personal abuse, targeted humiliation, intimidation unrelated to judicial need, or discriminatory treatment may demonstrate violation even where each individual statement viewed alone might appear minor.

(f) Attorneys likewise owe professional respect to the tribunal. Nothing in this section prevents a judge from addressing contemptuous, disruptive, disobedient, or deliberately disrespectful conduct through lawful judicial means.

Section 22. JUDICIAL CONFIDENTIALITY AND PUBLIC STATEMENTS

(a) A judge shall protect confidential judicial information, including sealed filings, restricted evidence, nonpublic case information, privileged materials, protected deliberative communications, and other information obtained solely because of judicial office where disclosure is prohibited or inconsistent with judicial duties.

(b) Judicial deliberations are entitled to special protection because independent adjudication requires judges to evaluate arguments and evidence without fear that preliminary thoughts will be selectively published or weaponized. A judge shall not disclose confidential internal deliberations except where disclosure is authorized in an official judicial, appellate, disciplinary, or administrative review.

(c) Whoever knowingly and willfully publishes sealed or protected case information obtained through judicial office, without lawful authority and knowing the material is protected, commits serious judicial misconduct. The seriousness of the violation may increase where disclosure risks witness safety, compromises an active proceeding, exposes privileged information, or is undertaken for retaliation or personal advantage.

(d) A judge shall avoid public commentary that could reasonably be expected to prejudice a pending or impending matter assigned to that judge. This restriction does not prohibit explaining general judicial procedures, confirming information already lawfully public, issuing authorized court notices, discussing administrative matters, or making statements necessary to perform official duties.

(e) Following final disposition, a judge may discuss legal principles or publicly available aspects of a matter so long as protected information remains protected and the commentary does not improperly affect a related pending proceeding. Judicial office shall not be used to spread knowingly false claims about litigants, counsel, evidence, or the disposition of a matter.

(f) A judge should exercise particular caution where public comments could reasonably create doubt about impartiality in a proceeding the judge may later be asked to hear. Recusal may become necessary where extrajudicial statements demonstrate prejudgment of a material disputed issue.

Section 23. ORDERLY JUDICIAL BUSINESS

(a) A judge shall administer assigned matters in an orderly, intelligible, and reasonably efficient manner consistent with fairness and due process. Judicial case management should provide participants sufficient notice of material proceedings, meaningful filing opportunities where required, and clear understanding of obligations imposed by judicial order.

(b) Judicial orders shall be sufficiently definite to communicate what is required, prohibited, granted, denied, or reserved. A judge should avoid deliberately ambiguous orders designed to create grounds for later punishment. Where a genuine ambiguity becomes apparent, the tribunal should clarify it when reasonably possible.

(c) A judge shall maintain an adequate record of material judicial actions according to the capabilities and requirements of the legal system. Important rulings, dispositions, sanctions, case closures, appellate actions, and other matters requiring later verification should be preserved in the official record where procedure requires.

(d) Whoever knowingly and willfully deletes, falsifies, backdates, or materially alters a judicial record for the purpose of concealing what actually occurred in a proceeding commits serious judicial misconduct. Correction of clerical errors, entry of nunc pro tunc orders where lawfully authorized, amendments clearly identified as amendments, and ordinary administrative corrections are not prohibited.

(e) A judge shall not intentionally delay a ruling or proceeding for personal retaliation, favoritism, leverage unrelated to the merits, or another improper purpose. Reasonable delay caused by complexity, workload, need for research, awaiting authorized information, party requests, scheduling, or other legitimate circumstances does not violate this section.

(f) Courts should close and archive completed matters in accordance with established procedure rather than allowing cases to remain indefinitely unresolved after final disposition. Where a matter remains open because further action is genuinely expected or required, the record should reasonably reflect its status.

Section 24. REPORTING AND COOPERATION

(a) A person subject to this Code who possesses credible information indicating that another person subject to this Code may have committed serious professional misconduct shall report the matter through an authorized professional, supervisory, judicial, or disciplinary channel when the seriousness of the conduct reasonably warrants formal review. The reporting obligation is directed toward serious misconduct and shall not turn ordinary legal disagreements or minor mistakes into mandatory disciplinary accusations.

(b) A report shall be made in good faith. The reporting person need not prove the allegation before reporting it, but should possess a reasonable factual basis for believing that review is warranted. A person shall not knowingly invent allegations, materially falsify supporting evidence, or intentionally omit material information for the purpose of creating a deceptive complaint.

(c) Whoever knowingly and willfully submits a materially false professional misconduct accusation for the purpose of causing suspension, removal, reputational injury, retaliation, or other adverse professional action commits professional misconduct. Failure to substantiate an allegation does not itself establish that the report was false or malicious.

(d) Retaliation against a person for making a good-faith report, participating truthfully in an authorized inquiry, preserving evidence, serving as a witness, or declining to conceal serious misconduct is prohibited. Adverse action for legitimate and independently supported reasons is not retaliation merely because the person previously participated in a complaint.

(e) Persons subject to this Code shall reasonably cooperate with authorized professional conduct proceedings. Cooperation may include preserving relevant records, responding truthfully to authorized inquiries, appearing when properly directed, and providing nonprivileged information within the scope of lawful authority. Cooperation does not require waiver of an applicable privilege, right, confidentiality protection, or procedural safeguard unless lawful authority expressly provides otherwise.

(f) Persons receiving misconduct complaints shall exercise reasonable care to protect complainants, subjects, witnesses, and proceedings from unnecessary publication. Confidentiality shall not be used to conceal wrongdoing or prevent necessary notice, but disciplinary allegations should not be treated as entertainment, rumor, or material for political advantage.

Section 25. COMPLAINT AND PRELIMINARY REVIEW

(a) A professional conduct complaint may be submitted to the Judge Advocate General or to another official, office, or reviewing authority designated to receive such complaints. A complaint should identify the subject, describe the conduct alleged, provide available supporting information, and identify relevant proceedings or records where reasonably possible. Technical defects in a complaint do not require dismissal where the allegations can otherwise be reasonably understood.

(b) Receipt of a complaint does not establish misconduct and shall not be represented as a finding of guilt. The preliminary-review process exists to determine whether the allegations, if true, would implicate this Code and whether sufficient grounds exist for further inquiry. Review should protect both the integrity of the Corps and the professional interests of the person accused.

(c) During preliminary review, the reviewing authority may examine readily available records, request clarification or supporting material, identify potentially applicable provisions, consult appropriate professional authorities, and determine whether immediate protective measures are necessary. Preliminary review should not become a disguised final adjudication conducted without notice where material disputed facts require formal resolution.

(d) Following preliminary review, the authorized authority may dismiss the matter, close it with informal guidance, refer it for corrective training, seek voluntary resolution where appropriate, initiate or refer a formal investigation, or take other action authorized by regulation. A matter that plainly alleges no professional violation should be dismissed rather than retained indefinitely.

(e) Temporary administrative measures may be imposed before final determination where reasonably necessary to protect clients, preserve evidence, maintain the integrity of active proceedings, restrict access to sensitive systems, or prevent substantial foreseeable harm. Such measures may include temporary reassignment, access limitations, removal from a particular matter, or temporary restriction of professional functions where authorized.

(f) Temporary administrative action is not a final finding of misconduct. The affected person should be informed, to the extent reasonably practicable and consistent with necessary confidentiality, that the restriction is temporary and of the general basis for it. Prolonged temporary restrictions should receive periodic review.

(g) Complaints involving the Judge Advocate General, an official ordinarily responsible for disciplinary review, or another person whose involvement creates a substantial conflict shall be referred to an appropriate disinterested authority under procedures established by regulation. No person should exercise final disciplinary judgment over a complaint in which that person is the principal accuser or materially interested party unless unavoidable and expressly authorized.

Section 26. INVESTIGATION AND DETERMINATION

(a) Where a formal investigation is warranted, the investigation shall be conducted fairly, impartially, and with reasonable regard for both inculpatory and exculpatory information. The objective is to determine what occurred, not merely to assemble material supporting a predetermined conclusion.

(b) The subject of a formal investigation should ordinarily receive notice of the material allegations sufficient to permit a meaningful response, except where temporary delay of notice is reasonably necessary to preserve evidence, protect an active proceeding, or prevent interference with the investigation. Any delayed notice should be provided once the legitimate need for delay has passed.

(c) An authorized investigator may review relevant filings, case records, system logs, judicial records, communications, witness statements, administrative records, and other material reasonably connected to the allegations. Investigative authority shall not be used as a pretext for unrestricted access to unrelated confidential information.

(d) Witnesses and subjects shall be treated professionally. Investigators shall not knowingly misrepresent a final disciplinary determination that has not occurred, fabricate evidence, threaten unauthorized punishment, or pressure a witness to adopt a predetermined account. Investigators may confront witnesses with conflicting evidence and ask direct or difficult questions.

(e) The subject shall have a reasonable opportunity to submit an explanation, identify relevant evidence, contest material allegations, and raise defenses or mitigating circumstances. Failure to respond may be considered where the person had adequate opportunity and no protected basis for declining, but silence alone does not automatically establish the underlying misconduct.

(f) A finding of professional misconduct shall rest upon the evidentiary standard prescribed by applicable Corps regulation or disciplinary rule. Until a separate standard is adopted, the determining authority should require reliable evidence sufficient to support the finding and shall not base serious professional sanctions solely upon speculation, rumor, or unsupported accusation.

(g) The final determining authority should identify the material conduct found, the provision or professional duty violated, the basis for the determination, and the disposition imposed. The degree of written explanation may vary with the seriousness of the matter, but severe sanctions should ordinarily be accompanied by a sufficiently clear record to permit meaningful review.

(h) Where allegations are not substantiated, the matter shall be closed without a finding of misconduct. An unsubstantiated complaint shall not be represented in official professional records as though guilt had been established. Records may nevertheless reflect that a complaint or investigation occurred where recordkeeping rules require it, provided the disposition is accurately stated.

Section 27. DISPOSITION AND PROFESSIONAL STANDING

(a) Professional discipline shall be proportionate to the nature and seriousness of the misconduct. The objective of discipline may include protection of clients and proceedings, preservation of institutional integrity, correction of deficient conduct, deterrence of future misconduct, and, where necessary, removal of persons who cannot safely or honorably continue exercising legal or judicial authority.

(b) Authorized dispositions may include informal counseling, remedial instruction, additional training, private admonishment, public reprimand, probationary professional status, conditions upon continued certification, supervision requirements, removal from a particular case, temporary restriction from designated legal duties, suspension of certification, removal from judicial duties, removal from legal office, revocation of certification, permanent disqualification from specified professional functions, or referral to another authority possessing jurisdiction over separate misconduct.

(c) No single sanction is required merely because a particular section was violated unless a governing rule expressly establishes one. The disciplinary authority shall consider the person's state of mind, seriousness of the misconduct, actual or threatened harm, degree of professional authority involved, prior disciplinary history, pattern or repetition, motive, cooperation, acknowledgment of wrongdoing, corrective action, experience, and relevant aggravating or mitigating circumstances.

(d) Conduct involving knowing falsification of judicial records, deliberate fabrication of evidence, intentional disclosure of highly protected client information for an improper purpose, corrupt manipulation of a judicial outcome, substantial retaliatory abuse of authority, or intentional obstruction of the administration of justice may warrant the most serious professional sanctions because such conduct directly undermines the functions for which professional authority is granted.

(e) Professional discipline shall distinguish among certification, legal assignment, judicial appointment, administrative office, military rank, and general membership where those statuses are distinct under governing law or applicable regulations. Suspension as an attorney does not automatically constitute reduction in rank or dismissal from service unless another authority so provides. Conversely, removal from an administrative office does not necessarily terminate legal certification unless the disposition expressly does so.

(f) A person whose legal certification has been suspended shall not exercise legal authority requiring that certification during the suspension. A person whose certification has been revoked shall cease representing himself or herself as an attorney authorized by the Corps. A person removed from judicial office shall not exercise judicial authority unless subsequently reappointed or otherwise restored under lawful procedure.

(g) Final disciplinary actions may be recorded in the person's professional record. Public disclosure of disciplinary action may be authorized where required for institutional transparency, protection of participants, verification of professional standing, or operation of the legal system. Confidential or sensitive information contained within disciplinary records shall remain protected to the extent required by law or regulation.

(h) The Judge Advocate General may establish procedures for reconsideration, appeal, review, restoration, reinstatement, expungement or annotation of professional records, publication of disciplinary dispositions, temporary practice restrictions, and other matters necessary to administer professional standing. Any such procedures shall be applied consistently with superior law and the rights afforded by governing rules.

(i) Reinstatement following suspension or revocation shall not be automatic unless the original disposition expressly provides automatic restoration. A person seeking reinstatement may be required to demonstrate present competence, compliance with prior conditions, acknowledgment or remediation of identified deficiencies where appropriate, good professional standing, and sufficient grounds for renewed trust in the person's exercise of legal authority.

(j) Professional discipline under this Code does not preclude a tribunal from exercising its separate authority over proceedings before it. A court may, where authorized, disqualify counsel, strike filings, exclude evidence, impose procedural sanctions, order corrective action, refer misconduct, hold a person in contempt, declare a mistrial, vacate an order, or take other action necessary to protect the fairness and integrity of the proceeding.

(k) Conduct addressed under this Code may also be referred for investigation or action under the Uniform Code of Military Justice where the same conduct reasonably appears to constitute an offense established by that Code. A professional finding shall not be described as a criminal conviction unless a competent authority actually enters such a conviction under the applicable criminal or military justice process.

(l) The ultimate object of professional discipline is the preservation of a legal corps capable of exercising substantial authority fairly, competently, and honestly. Neither professional status, rank, office, seniority, judicial appointment, nor proximity to Corps leadership places a person beyond the requirements of this Code.