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Court Staff Orientation
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Ethics for Clerks
Knowing the Rules: Ethics for Clerks
Confidentiality

Principles
1. Impartiality
2. Personal Integrity
3. Professionalism
4. Confidentiality
5. Impropriety
6. Appearance of Impropriety
7. Prohibition Against Giving Legal Advice
8. Duty of Service
9. Competency
10. Discrimination
11. Harassment
12. Technology

Resources
California Code of Ethics
Personnel Rules
What Information Can Court Staff Provide?

Safeguard confidential information, both written and oral, unless disclosure is authorized by the court, refuse to use such information for personal advantage, and abstain at all times from public comment about pending court proceedings, except for strictly procedural matters.

Dilemma
· Faithful Friend


Guidelines
Sensitive information acquired by court employees in the course of discharging their official duties should never be revealed until it is made a matter of public record. Sometimes breaches of confidentiality do not involve intentional disclosure of official court records but are the result of innocent and casual remarks about pending or closed cases, about participants in litigation, or about juries, any of which could give attorneys, litigants, and reporters confidential information. Such remarks can seriously compromise a case or a person's standing in the community. Court staff should discuss cases only for legitimate reasons, and should handle sensational or sensitive cases with great care.

References

Personnel Rule:
Rule 9.05 C (3) b authorizes discipline of employees for “just cause.” Glossary of Terms in Personnel Rules for the definitions of “just cause”:
5: using court property, equipment or funds in a careless, negligent or improper manner;
14: falsifying or mishandling official records or documents;
15: attempting to use influence to affect a court action’s outcome;
22: violating the obligation of confidentiality expected of Judicial Branch employees.
Judicial Branch Policies for At-Will Employees:
§7.02