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Ethics for Clerks
Knowing the Rules: Ethics for Clerks
Impropriety

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?

Refrain from any actual impropriety, such as:
· Breaking the law;
· Soliciting funds on the job;
· Receiving gifts or favors related to court employment;
· Accepting outside employment that conflicts with court duties; or
· Recommending private legal service providers.

Dilemmas
· Cold Hard Cash
· Electing to Be Ethical
· What to Say to Pro Se?
· Thanks But No Thanks


Guidelines
Improprieties can take many forms. Examples of improper behaviors include seeking any favor, soliciting any gift, or actually receiving any gift or the promise of one, whether it be money, services, travel, food, entertainment, or hospitality that could be construed as a reward for past or future services; improperly intervening to expedite administrative processes; or accepting private employment in conflict with the proper discharge of official court duties. In addition, any mode of conduct that casts doubt on the integrity and impartiality of the legal system is forbidden. While court employees cannot regulate the conduct of others, they can conduct themselves in a manner that inspires public confidence in the role they play in the pursuit of justice. Proper conduct involves daily and scrupulous affirmation of moral principles and observance of all laws, nobles, policies, and procedures.

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”:
1: failure to comply with federal and state constitutions, statutes, municipal ordinances, rules and regulations;
15: attempting to use influence to affect a court action’s outcome;
17: using, selling or possessing intoxicants or controlled substances;
18: being under the influence of intoxicants or controlled substances while on duty;
23: acting in a manner that reflects poorly upon the integrity of the Judicial Branch;
24: participating in unauthorized political activity;
25: being convicted of a felony, misdemeanor or municipal.
Judicial Branch Policies for At-Will Employees:
§§6.02 (permitted and prohibited political activity);
9.03 (drug and alcohol testing).