ETHICS IN PUBLIC SERVICE South Texas County Judges and Commissioners Association 2019 Annual Conference San Antonio, TX

PRESENTED BY SEANA WILLING Chief Disciplinary Counsel State Bar of Texas Seana.Willing@TEXASBAR.COM

ETHICS IN PUBLIC SERVICE: OXYMORON?

GOT ETHICS? “Ethics is knowing the difference between what you have a right to do and what is right to do.” Justice Potter Stewart United States Supreme Court 1958-1981

CONDUCT THAT ERODES PUBLIC TRUST/BRINGS PUBLIC DISCREDIT CRIMINAL CONDUCT CONDUCT THAT VIOLATES OTHER LAWS UNETHICAL CONDUCT APPEARANCE OF IMPROPRIETY

CRIMINAL CONDUCT ABUSE OF OFFICE BRIBERY AND CORRUPT INFLUENCE ABUSE OF OFFICIAL CAPACITY COERSION OFFICIAL OPPRESSION TAMPERING WITH WITNESS MISUSE OF OFFICIAL INFORMATION GIFT HONORARIUM OBSTRUCTION OR RETALIATION

CRIMINAL CONDUCT ELECTION CODE VIOLATIONS (Yes…criminal offenses in most cases) OPEN MEETINGS VIOLATIONS FRAUD, THEFT, AND OTHER CRIMES OF MORAL TURPITUDE TAMPERING WITH GOVERNMENT RECORD PERJURY DWI/DUI/PUBLIC INTOXICATION

CONDUCT THAT VIOLATES OTHER LAWS SEXUAL HARASSMENT DISCRIMINATION RETALIATION

UNETHICAL CONDUCT VIOLATION OF CODE OF JUDICIAL CONDUCT VIOLATION OF CONFLICTS OF INTEREST FAILURE TO DISQUALIFY/RECUSE WHEN APPROPRIATE

APPEARANCE OF IMPROPRIETY CONDUCT MAY NOT BE ILLEGAL OR UNETHICAL PER SE, BUT APPEARS TO THE PUBLIC TO BE IMPROPER INFLAMATORY/CONTROVERSIAL POSTS ON SOCIAL MEDIA LOSING PATIENCE/TEMPER AND/OR USING PROFANITY OR DEROGATORY LANGUAGE DURING PUBLIC MEETING CERTAIN POLITICAL ACTIVITY

CHARACTER COUNTS “We judge ourselves by our best intentions and most noble acts but we will be judged by our last worst act.” Michael Josephson

CHARACTER COUNTS Government affects us directly on a daily basis Don’t be content with moderately decent behavior from public officials Even a few instances of bad behavior from public officials can do a lot of harm