The Legal Advisories page contains the DAEOgrams on substantive ethics issues published by OGE from 1992 to 2010, the Advisory Opinions published by OGE from 1979 to 2010, and the Legal Advisories, which OGE began publishing in 2011.
The attachment, DO-07-019a, is an outline of issues and cases pertaining to expert witnesses and the relevant ethical restrictions. The outline is designed primarily as a legal research aid for ethics officials and attorneys who must deal with expert witness questions in the context of pending litigation.
OGE prepares an outline of cases and issues pertaining to expert witnesses and the relevant ethical restrictions.
An executive branch employee may serve as an expert witness. The Courts have recognized that agencies have a right to establish “housekeeping” rules governing the use of agency information and personnel in litigation. The Standards of Conduct apply to an employee providing expert testimony in their personal capacity. [cites former 5 CFR 735]
The standards of conduct do not apply to a doctor whose status is that of a contractor, rather than an employee, of an agency. Thus, the doctor may appear as an expert witness in case regarding a claim against the U.S. based on allegations of malpractice by employee physicians at an agency hospital.
The exception in 18 U.S.C. § 205 for "testimony under oath" would permit a present employee of the U.S. Government to serve as an expert witness for the plaintiff even though the United States was a defendant-in-chief. However, it is OGE's position that the standards of conduct, would prohibit such testimony. [cites former 5 C.F.R. §§ 735.201]
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