Practical Applications of Ethics Codes: I Found It on Facebook – Recruitment, Selection, and The Social Network 1 of 30

Objectives Become familiar with ethics codesBecome familiar with ethics codes Understand why ethics codes are important to us as court professionalsUnderstand why ethics codes are important to us as court professionals Determine how ethics apply to recruiting and selecting court staff in the burgeoning world of the social networkDetermine how ethics apply to recruiting and selecting court staff in the burgeoning world of the social network 2 of 30

Are Ethics Important? A fair and independent court system is essential to the administration of justice in a democratic society.A fair and independent court system is essential to the administration of justice in a democratic society. Court professionals strive to:Court professionals strive to: o inspire public confidence and trust in our courts; and o convey impartiality, equality, fairness, and integrity. 3 of 30

Scenario: I Found It on Facebook 4 of 30

5 of 30

I Found It on Facebook Codes NACM Model Code of Conduct for Court Professionals Canon 1.1: Avoiding Impropriety A court professional shall faithfully carry out all appropriately assigned duties striving at all times to perform the work diligently, efficiently, equitably, thoroughly, courteously, honestly, truthfully, and with transparency. 6 of 30

I Found It on Facebook Codes NACM Model Code of Conduct for Court Professionals Canon 1.2: Avoiding Impropriety A court professional shall avoid activities that would impugn the dignity of the court. 7 of 30

I Found It on Facebook Codes NACM Model Code of Conduct for Court Professionals Canon 1.4: Respect for Others A court professional shall treat litigants, co-workers and all others interacting with the court with dignity, respect and courtesy. 8 of 30

I Found It on Facebook Codes NACM Model Code of Conduct for Court Professionals Canon 2.2: Performing the Duties of Position Impartially and Diligently A court professional shall recruit, select, and advance personnel based on demonstrated knowledge, skills, abilities, and bona fide work–related factors, not on favoritism. 9 of 30

I Found It on Facebook Codes NACM Model Code of Conduct for Court Professionals Canon 2.7: Discretion A court professional shall be respectful of litigants, the public, applicants and employees’ personal lives; disregard information that legally cannot or should not otherwise be considered; use good judgment in weighing the credibility of Internet data; and be cautious about verifying identities. 10 of 30

I Found It on Facebook Codes NACM Model Code of Conduct for Court Professionals Canon 2.7: Discretion (Continued) A court professional shall treat personal or sensitive information with the same discretion that one would wish others to have if one were involved in a similar case. 11 of 30

I Found It on Facebook Codes NACM Model Code of Conduct for Court Professionals Canon 2.8: Proper Use of Public Resources A court professional shall use the resources, property and funds under one’s official control judiciously and solely in accordance with prescribed procedures. A court professional shall use the resources, property and funds under one’s official control judiciously and solely in accordance with prescribed procedures. 12 of 30

I Found It on Facebook Codes Conference of States Court Administrators Section Four (F): Abuse of Position A court employee shall not use the resources, property, personnel facilities, equipment, or funds under the employee’s control improperly to benefit the employee or any other person. 13 of 30

I Found It on Facebook Codes American Judicature Society Model Code for Nonjudicial Court Employees Section Six (D): Court Managers Court managers shall take action regarding any unethical conduct of which they may become aware, initiating appropriate disciplinary measures against an employee for any such conduct and reporting to appropriate authorities evidence of any unethical conduct by judges or lawyers. 14 of 30

I Found It on Facebook Discussion Questions Is it appropriate for Bill Regent to let Carol research candidates on the world wide web? Response #1 “Absolutely! The information on these people is in the public realm. If candidates don’t want information ‘out there’ then they shouldn’t post it on Facebook. 15 of 30

I Found It on Facebook Discussion Questions Is it appropriate for Bill Regent to let Carol research candidates on the world wide web? Response #2 “The information about Doug Lapthorn wasn’t on his Facebook page; it was on the page of a girlfriend who had an axe to grind against Doug. Bill Regent making a decision based on one photograph somebody else posted is poor management and unethical. 16 of 30

I Found It on Facebook Discussion Questions Is it appropriate for Bill Regent to let Carol research candidates on the world wide web? Response #1 “Frankly what is the difference between looking on a candidate’s Facebook page and asking a candidate for references? A good manager isn’t going to rely only on a single piece of information to make a hiring decision.” 17 of 30

I Found It on Facebook Discussion Questions Bill Regent rejected Doug Lapthorn because of information on Facebook. Should he have given equal weight to the positive information Denise Walden posted on her Facebook page? Response #1 “Bill Regent needs to follow up more on both candidates before he makes a final decision. One photograph isn’t enough” 18 of 30

I Found It on Facebook Discussion Questions Bill Regent rejected Doug Lapthorn because of information on Facebook. Should he have given equal weight to the positive information Denise Walden posted on her Facebook page? Response #2 “Let’s be honest. We’ve all made hiring decisions on less information than Mr. Regent had. For example, one candidate stumbles on a couple of interview questions and we on the panel recommend the other candidate.” 19 of 30

I Found It on Facebook Discussion Questions Bill Regent rejected Doug Lapthorn because of information on Facebook. Should he have given equal weight to the positive information Denise Walden posted on her Facebook page? Response #3 “We’d all like to perform the most in depth background research possible on each candidate. Real life demands that we make a decision and move on. What Mr. Regent did wasn’t unethical, it was just life.” 20 of 30

I Found It on Facebook Discussion Questions Was it ethical for Carol to access a subscription website (“BeenVerified”) to research information not “in the public realm”? Response #1 “Bill Regent has a due diligence duty to ensure the people he hires are good citizens. He would be remiss if he didn’t access every available resource at his disposal to perform background research on the candidates.” 21 of 30

I Found It on Facebook Discussion Questions Was it ethical for Carol to access a subscription website (“BeenVerified”) to research information not “in the public realm”? Response #2 “Who is paying for the subscription? The court? If so why isn’t Mr. Regent asking the Sheriff’s Office to run criminal histories? At the very least the court should inform the candidate in advance that they plan to do internet research on the candidates.” 22 of 30

I Found It on Facebook Discussion Questions What obligation does Denise have to post accurate information on her Facebook page? Response #1 “Denise lied on her Facebook page and that goes to her integrity as a court professional. If Mr. Regent discovers the lie it should be enough to fire Denise.” 23 of 30

I Found It on Facebook Discussion Questions What obligation does Denise have to post accurate information on her Facebook page? Response #2 “The Court never told Denise that they planned to look at her Facebook page. Denise has no ethical obligation to be forthcoming or even accurate. Facebook is social, not for business” 24 of 30

I Found It on Facebook Discussion Questions What obligation does Denise have to post accurate information on her Facebook page? Response #3 “Denise has no ethical obligation to be forthcoming on Facebook although she might have an obligation out of politeness. The offense is on the same level as posting on a dating site that one is ten years younger and twenty pounds lighter than one actually is.” 25 of 30

I Found It on Facebook Discussion Questions Should a court to have a social network policy? Response #1 “Courts need to inform candidates in advance that they intend to use the world wide web as part of the selection process and give candidates fair warning.” 26 of 30

I Found It on Facebook Discussion Questions Should a court to have a social network policy? Response #2 “NACM’s existing code covers everything a social networking policy needs to cover. The social network is no different from asking candidates for references.” 27 of 30

I Found It on Facebook Discussion Questions Determine what your own answers are to the questions asked here. 28 of 30

Why Do This? It’s the integrity of the Judicial BranchIt’s the integrity of the Judicial Branch It’s more than just personnel rulesIt’s more than just personnel rules It’s not just right & wrong answersIt’s not just right & wrong answers It’s your job to make the code relevantIt’s your job to make the code relevant 29 of 30

Learn More and Join the Conversation Log onto the NACM Website Ethics Page: Or the NACM Ethics Hotline: 30 of 30