Ethics for Court Employees - PowerPoint PPT Presentation

About This Presentation
Title:

Ethics for Court Employees

Description:

Navigating Your Way Through the Judicial Code of Conduct – PowerPoint PPT presentation

Number of Views:73
Avg rating:3.0/5.0
Slides: 33
Provided by: omn58
Learn more at: https://www.gopopai.org
Category:

less

Transcript and Presenter's Notes

Title: Ethics for Court Employees


1
Ethics for Court Employees
  • Navigating Your Way
  • Through the Judicial Code of Conduct

2
Judicial Ethics
  • Concept behind the Code of Judicial Conduct
  • Its a responsibility and a privilege to serve

3
Application of the Judicial Code
  • So if its called the Judicial Code of Conduct,
    why does it apply to me?

4
Application of the Judicial Code
  • Rule 2.12 of the Code of Judicial Conduct
    provides that
  • (A) A judge shall require court staff, court
    officials, and others subject to the judges
    direction and control to act in a manner
    consistent with the judges obligations under
    this Code.

5
Structure of the Code
  • Canon 1 upholding the integrity of the
    judiciary avoiding impropriety appearance of
    impropriety
  • Canon 2 maintaining impartiality, competence
    diligence
  • Canon 3 conflicts of interest
  • Canon 4 political activity

6
Canon 1 (aka Dont Disgrace the Court)
7
Canon 1
  • But Im an upstanding citizen I never make a
    public spectacle of myself, do I really need to
    be concerned about Canon 1?
  • Rule 1.3 provides that
  • A judge shall not abuse the prestige of judicial
    office to advance the personal or economic
    interests of the judge or others, or allow
    others to do so.

8
Abuse of Prestige of Office What Does That Mean?
  • Judge/Staff Can Do
  • Judge/Staff Cannot Do
  • Write a letter of recommendation, if based on
    personal knowledge
  • Attend court or admin. hearing of a family
    member, if no attempt is made to highlight
    judicial office to influence decision maker
  • Write letter to parole board, etc. to vouch for
    someones character
  • Refer to the judicial office to avoid a parking
    or traffic ticket
  • Use court stationary or refer to the judicial
    office to gain an advantage in conducting
    personal business

9
Canon 2 Be Impartial, Competent Diligent
  • Rule 2.3 provides that
  • (A) A judge shall perform the duties of judicial
    office, including administrative duties, without
    bias or prejudice.
  • (B) A judge shall not, in the performance of
    judicial duties, by words or conduct manifest
    bias or prejudice, or engage in harassment,
    including but not limited to bias, prejudice, or
    harassment based upon race, sex, gender,
    religion, national origin, ethnicity, disability,
    age, sexual orientation, marital status,
    socioeconomic status, or political affiliation,
    and shall not permit court staff, court
    officials, or others subject to the judges
    direction and control to do so.

10
Comment 2 to Rule 2.3
  • Epithets
  • Slurs
  • Demeaning nicknames
  • Negative stereotyping
  • Attempted humor based upon stereotypes
  • Threatening, intimidating, or hostile acts
  • Suggestions of connections between race,
    ethnicity or nationality crime
  • Irrelevant references to personal characteristics
  • Facial expressions body language can convey
    bias or the appearance of bias

11
Thumpers Rule
  • If you cant say something nice, dont say
    anything at all . . .

12
Canon 2, Rule 2.5
  • Rule 2.5 provides that
  • (A) A judge shall perform judicial and
    administrative duties competently, diligently,
    and promptly.
  • (B) A judge shall cooperate with other judges
    and court officials in the administration of
    court business.

13
In other words, dont delay.
14
Canon 2, Rule 2.8
  • Rule 2.8 provides that
  • (A) A judge shall require order and decorum in
    proceedings before the court.
  • (B) A judge shall be patient, dignified, and
    courteous to litigants, jurors, witnesses,
    lawyers, court staff, court officials, and others
    with whom the judge deals in an official
    capacity, and shall require similar conduct of
    lawyers, court staff, court officials, and others
    subject to the judges direction and control.
  • (C) A judge shall not commend or criticize
    jurors for their verdict other than in a court
    order or opinion in a proceeding.

15
Soif youre having this kind of day
  • You might want to have someone else work the
    counter.

16
And if this is your impulse on the jurys verdict
  • You might want someone else on staff to escort
    the jury out of the courtroom. . .

17
Canon 2, Rule 2.9 (Ex Parte)
  • The General Rule
  • (A) A judge shall not initiate, permit, or
    consider ex parte communications, or consider
    other communications made to the judge outside
    the presence of the parties or their lawyers,
    concerning a pending or impending matter.

18
Exceptions
  • Communication for scheduling, administrative, or
    emergency purposes if
  • 1. Doesnt address substantive matters
  • 2. No party gains procedural, substantive ,or
    tactical advantage
  • 3. Judge promptly notifies all other parties of
    substance of communication gives opportunity to
    respond
  • Written advice of disinterested expert
  • Consultations with court staff, other judges, and
    officials whose function is to aid judge in
    adjudicative responsibilities
  • Settlement conferences (if done w/ parties
    consent)
  • When authorized by law (i.e. protective order)

19
So what is ex parte?
  • Ex parte communication means any communication
    on behalf of or involving one party to a legal
    matter that is conducted in the absence of or
    without notice to the other party.

20
What kinds of things can be ex parte?
  • Letters
  • Verbal Communication
  • Emails
  • Google and other web searches
  • Inappropriate assistance to one party (see In re
    Kern, 774 N.E.2d 878 (Ind. 2002))
  • Informing only one side about the courts orders

21
What should I do if I receive ex parte
communication?
  • Written communications should go to the judge
    if it is an improper ex parte communication,
    judge can act pursuant to Rule 2.9(B) notify
    all the parties provide parties with an
    opportunity to respond
  • If it is a verbal communication, is it just
    general venting after an order or ruling or is
    it an attempt to influence the decision maker?
  • ALWAYS tell the judge about any threats received,
    even if it occurs as a result of an ex parte
    communication

22
How do I avoid ex parte contacts?
  • Can I have a phrase please
  • When someone wants to see the judge starts
    talking about his/her case..
  • Response Ethical rules prevent the judge from
    talking to only one side about the case. If you
    want the judge to consider that, youll need to
    file a motion or bring it up during a hearing . .
    .

23
Rule 2.10 Judicial Statements on Pending and
Impending Cases
  • Rule 2.10 provides that
  • (A) A judge shall not make any public statement
    that might reasonably be expected to affect the
    outcome or impair the fairness of a matter
    pending or impending in any court, or make any
    nonpublic statement that might substantially
    interfere with a fair trial or hearing.
  • (B) A judge shall not, in connection with cases,
    controversies, or issues that are likely to come
    before the court, make pledges, promises, or
    commitments that are inconsistent with the
    impartial performance of the adjudicative duties
    of judicial office.
  • (C) A judge shall require court staff, court
    officials, and others subject to the judges
    direction and control to refrain from making
    statements that the judge would be prohibited
    from making by paragraphs (A) and (B).

24
In other words
  • Keep It Confidential!!!!

25
Disqualification Conflicts of Interest
  • Rule 2.11 provides that
  • A judge shall disqualify himself or herself in
    any proceeding in which the judges impartiality
    might reasonably be questioned.
  • (However, not all staff conflicts will require
    the judge to disqualify in certain situations,
    the judge can simply keep that staff member from
    working on the case in which there is a conflict)

26
So what does my judge need to know?
  • If you are a party or witness in a case
  • If a family member within the 3rd degree or
    his/her spouse (great grandparent, grandparent,
    parent, uncle, aunt, niece, nephew, brother,
    sister, child, grandchild, or great grandchild)
    is a party or witness
  • If your spouse, domestic partner, or someone
    residing in your household is a party or witness
  • If you have a substantial economic interest that
    could be affected by the decision
  • If you are related to an attorney on the case

27
Canon 4 Political Activity
28
What types of political activity am I permitted
to do?
  • Questions to ask
  • Do you work for an elected judge or an appointed
    judge?
  • Are you attempting to do something for the judge
    which he/she cannot do under the rules?
  • What is your judges policy?

29
Rule 4.6 Political Activities of Nonjudicial
Court Employees
  • Rule 4.6 provides that
  • (A) An appointed judge in an office filled by
    retention election must require nonjudicial court
    employees to abide by the same standards of
    political conduct which bind the judge.
  • (B) A judge in an office filled by partisan or
    nonpartisan election must not permit nonjudicial
    court employees to run for or hold nonjudicial
    partisan elective office or to hold office in a
    political partys central committee.

30
Political Activities of Nonjudicial Court
Employees
  • Comment 2 to Rule 4.6 further provides that
  • 2 Unlike appointed judges subject to retention,
    judges in partisan and nonpartisan elective
    office are not required to hold their employees
    to the same limitations on political conduct
    which apply to the judges.

31
Other Miscellaneous Provisions
  • Rule 2.13 Hiring and Nepotism
  • Rule 3.13(A) Gifts
  • Rule 3.5 Use of Nonpublic Information

32
Who should I talk to when I have ethics questions?
  • Talk to your judge
  • If your judge is not available (or it is not
    practical to consult with him/her), talk to
    another judicial officer
  • Or call Adrienne Meiring at 317-232-4706 or email
    at ameiring_at_courts.state.in.us
Write a Comment
User Comments (0)
About PowerShow.com