Court Ethics:

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Court Ethics Applying the Codes in Changing
Times Karl Thoennes Peter Kiefer National
Association for Court Management Mid-Year
Conference Tuesday, February 7, 2012
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Presentation Objectives

• Become familiar with ethics codes
• Show that ethics codes are important
• Discuss the ethics of practical situations
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• Discuss how to make ethics codes more relevant
• Have Fun

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Are Ethics Important?
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Are Ethics Important?
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Are Ethics Important?

• Has our perception the courts changed since To
  Kill a Mocking Bird premiered in 1962?
• Do the two clips accurately depict that changing
  perception? 
• What role do we as court professionals have in
  countering that perception?

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Are Ethics Important?

• A fair and independent court system is essential
  to the administration of justice in a democratic
  society.
• Proper conduct by court employees
• inspires public trust and confidence in the
  courts and
• conveys impartiality, equity, fairness, and
  integrity

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Scenario 1Bettys Sister
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Bettys SisterCodes
MINNESOTA JUDICIAL BRANCH POLICY (Minnesota
Policy) Article I.  C. Abuse of Position and
Conflict of Interest Employees shall act so that
they are not unduly affected or appear to be
affected by kinship, position, or influence of
any party or person.  
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Bettys SisterCodes
Minnesota Policy Article I.  K. Abuse of
Position and Conflict of Interest Employees
shall not give legal advice.  
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Bettys SisterCodes
NATIONAL ASSOCIATION FOR COURT MMANAGEMENT
MODEL CODE OF CONDUCT FOR COURT
PROFESSIONALS (NACM Model Code) Canon 1.2 -
Avoiding Impropriety Members shall act so that
they are not unduly affected or appear to be
affected by kinship, position, or influence or
any party or person.
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Bettys SisterCodes
AMERICAN JUDICATURE SOCIETY MODEL CODE OF CONDUCT
FOR NONJUDICIAL COURT EMPLOYEES (AJS Model
Code) Section III (A) Conflict of Interest .
. . every court employee is required to exercise
diligence in becoming aware of conflicts of
interest, disclosing conflicts to the designated
authority and ending them when they arise.
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Bettys SisterCodes
AJS Model Code Section V (F) Performance of
Duties No court employee shall give legal advice
or recommend the names of private attorneys.
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Bettys SisterQuestions

• Has anyone ever experienced something like this?
  
• Does Betty have an ethical dilemma?
• What can we do for people like Delores?
• What should the court have done to make it easier
  for Betty to have done the right thing?

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Scenario 2Supervisors Dilemma


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The Supervisors Dilemma Codes


Minnesota Policy Article VI. A.  Duty to Report
Employees shall disclose to MJC or District
Administration, Human Resources and the
Appointing Authority any arrests, criminal
charges, or criminal convictions on the next
business day following the arrest, criminal
charge, or conviction or as soon as
practicable.  
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The Supervisors Dilemma Codes


NACM Model Code Canon 2.3 Misconduct of
Others A court professional shall report to the
appropriate authority the behavior of any court
professional who violates this code including,
but not limited to, potential conflicts of
interest involving ones duties and attempts to
inappropriately influence one in performing ones
duties.
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The Supervisors DilemmaCodes


AJS Model Code Section Five (h) Performance of
Duties Every court employee shall immediately
report violations of this Code to the appropriate
designated authority.
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The Supervisors Dilemma Questions

• Does Dan have a point since he waited for Dale to
  tell Phil King?
• Is this just an HR rules issue or is there an
  ethical issue involved?
• What options does Phil King have?

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Scenario 3Defriending Mr. King


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Defriending Mr. KingCodes


Minnesota Policy Article IV Release of News
Information No personnel rule is intended to
restrict the rights of an individual employee to
comment as a private citizen on a public matter. 
However, all media requests for information on
Judicial Branch business should be referred to a
supervisor or an employee designated to respond
to such requests.
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Defriending Mr. KingCodes


Minnesota Policy Article V Performance of
Duties Employees shall avoid any activity that
would reflect adversely on their position or
court.  
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Defriending Mr. KingCodes


NACM Model Code Canon 1.2 Avoiding Impropriety
A court professional shall avoid activities that
would impugn the dignity of the court.
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Defriending Mr. KingCodes


NACM Model Code Canon 2.7 Discretion A court
professional shall be respectful of litigants,
the public, applicants and employees personal
lives disregard information that legally cannot
or should not otherwise be considered use good
judgment in weighing the credibility of Internet
data and be cautious about verifying identities.
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Defriending Mr. KingCodes


NACM Model Code Canon 2.7 Discretion
(Continued) A court professional shall treat
personal or sensitive information with the same
discretion that one would wish others to have if
one were involved in a similar case.
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Defriending Mr. KingCodes


AJS Model Code Section Six (D) Court
Managers Court managers shall take action
regarding any unethical conduct of which they may
become aware, initiating appropriate disciplinary
measures against an employee for any such conduct
and reporting to appropriate authorities evidence
of any unethical conduct by judges or lawyers.
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Defriending Mr. KingQuestions

• Does making disparaging remarks on the social
  network truly qualify as an ethical question?
• Do courts have the right to look on the social
  network for employee comments?
• Do courts have the right to dictate what
  employees can have on their social networking
  sites?

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Why Do This?

• The Integrity of the Judicial Branch
• More than Just Personnel Rules
• Not Just Right or Wrong Answers
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• Your Job to Make the Code Relevant

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A Final Word


Ethics are not laws.  They are not imposed by
the state.  Rather, they are norms, values,
beliefs, habits, and attitudes that are embraced
voluntarily that we as a society impose on
ourselves.  Laws regulate behavior from the
outside in.  Ethics regulate behavior from the
inside out.  Ethics are something you carry with
you wherever you go to guide whatever you
do.  Thomas L. Friedman For every problem,
there is a solution that is simple, neat, and
wrong. H. L. Menken
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