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Given the experience and visibility
of court employees, it is natural for those who deal
with the court, including attorneys and litigants as
well as the general public, to ask questions such as "Should I fight this?" "How do I fight
this?" "To whom should I go for legal assistance?"
"What does the law say?" Court employees can
and should patiently explain how to file forms and pay
fines, and should clarify legal language and the court's
policies attendant to procedural due process. They must
not, however, cross the line separating a court employee
from a licensed legal practitioner by giving their opinion
on the law or, worse, giving their opinion as the law.
Court employees should cite this Principle when pressed
by those seeking gratuitous legal advice.
What
Information Court Staff Can Provide
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;
4: failing or refusing to perform job requirements satisfactorily;
15: attempting to use influence to affect
a court action’s outcome.
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