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Ethics for Clerks
Knowing the Rules: Ethics for Clerks
Appearance of 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?

Avoid any appearance of impropriety that might diminish the honor and dignity of the court. Dilemma
· Vivian the Angel

Guidelines
Court employees are expected to refrain from engaging not only in improper behavior but also in behavior that others might perceive to be improper. Any activity that gives the impression that court employees can be improperly influenced in the performance of their duties is prohibited. A court employee should not, for example, seek or provide special consideration regarding traffic citations or parking violations; openly discuss the merits of cases pending before the court; or be overly solicitous to litigants or counsel, which could give the appearance of preferential treatment. To gauge the propriety of an action, consider how it would be reported in tomorrow's newspaper. Bear in mind that court employees are required to live up to a higher standard of ethical behavior than the general public.

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”:
9: bringing a weapon into the workplace;
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.
Judicial Branch Policies for At-Will Employees:
§9.03 (drug and alcohol testing)