1 CEDP Phase IV Updated 05/08/07 Washington, D.C. 2007 A Contemporary Ethics Code for Court Staff.

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Presentation transcript:

1 CEDP Phase IV Updated 05/08/07 Washington, D.C A Contemporary Ethics Code for Court Staff

2 A Short History of the World The Model Codes AJS 1988/1989 [Ozar, Kelly, Begue] NACM 1989/1990 COSCA ~1991 ABA 1990, 2007

3 NACM Model Code 1989/1990 Don Cullen Steve Steadman Norman Meyer Kent Batty Pam Roberts Randy Kitchen Frederick Lear Cameron Burke John Clarke Charlie Gnadt Todd Nuccio Sam Shelton

4 NACM Model Code 2006/2007 General or Specific? Aspirational and idealistic, or proscriptive (Thou shalt not…)? Application: written for whom? Some Foundational Issues in Drafting Codes…

5 NACM Model Code 2006/2007 Structure & placement Adopted by? Imposed by? Teeth or no teeth? Enforcement mechanisms? Some Foundational Issues…

6 NACM Model Code 2006/2007 Abuse of Position Citizenship Committing to the Intended Purpose of One’s Position Competency, Responsibility to maintain… Compliance/Enforcement Confidentiality *** Conflict of Interest Dealing with Outside People & Organizations Discrimination & Bias Dress & Grooming Duty to Serve the Public & The Court Code Topics Employees Involved in Court Cases Fraud & Theft Funds & Other Assets, proper handling Gifts, Entertainment, Favors, Benefits Harassment Honoraria, speaking fees Illegal Drugs & Alcohol Impartiality Impropriety & Appearance of Impropriety Integrity Interests in Public Contracts Kickbacks and Secret Commissions

7 NACM Model Code 2006/2007 Code Topics Legal Advice, prohibition on giving… Outside Activities Outside Employment Performance of Duties Personal Activity Personal Financial Disclosure Political Activity *** Post-Employment Restrictions Privacy Professionalism Prohibition on Attorney Referrals Promptness and Dress Proper Use of Public Resources Public Contact Records & Communications Relationships with Clients & Suppliers Release of News Information Sanctions; Duty to Report Violations Service Against the State’s or the Court’s Interests Sexual Harassment Solicitation/Fundraising Staff Attorneys & Law Clerks; Practice of Law Substance Abuse Technology, appropriate use… Use of Influence or Position

8 Comparison: Interpreter Codes Accuracy Impartiality/Conflict of Interest Confidentiality Limitations of Practice Protocol/Professional Demeanor Maintaining Competence Accurate Representation of Credentials Impediments to Compliance Duty to Report Violations In contrast, almost every court interpreter code collected contains the same few topics. Why didn’t the other “models” functions as models?

9 NACM Model Code 2006/2007 Minnesota vs. White: Rapidly rising judicial political activity; $$ Emerging tech issues: “googling” job candidates, data access, etc. Evolving social relationships Code Revision: Why Now?

10 NACM Model Code Revision Project, 2006/2007 Pam Harris (MD) Peter Kiefer (AZ) David Slayton (TX) Karl Thoennes (SD) Kevin Bowling (MI) David Boyd (IA) Lee Suskin (VT) Others…

11 Structure, placement, format Adopted by and for…? (I/we) How do we address contemporary, non-formalized personal or romantic relationships? (Wolfowitz) Post-employment restrictions? Some of the discussions & debate on the latest draft…

12 NACM Model Code 2006/2007 Political activity Is it okay to google job candidates? Whose model do we follow? (ABA?) “Open” government – what do we mean by “open” in the courts? Discussions & debate on the latest draft…

13 NACM Model Code 2006/2007 Additional issues, serving beer, moonlighting at Hooters, etc. What’s in the code, what’s commentary? Duty to Report/”ratting out” Others…? Discussions & debate on the latest draft…

14 NACM Model Code 2006/2007 Geoff’s exercise here…ready, set, go. Breakout…

15 NACM Model Ethics Code 2006/2007 We’re Done! Congratulations & Good Luck! Now go home and don’t do anything unethical.