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Ethical Conduct of Nonjudicial Court Employees: A Proposed Model Code

NCJ Number
121204
Journal
Judicature Volume: 73 Issue: 3 Dated: (October-November 1989) Pages: 126-137
Author(s)
D T Ozar; C Kelly; Y Beque
Date Published
1989
Length
12 pages
Annotation
Because it is generally recognized that nonjudicial court employees must uphold certain ethical standards but that no agreement about such standards exist, this article formulates key ethical principles and incorporates them into a model code.
Abstract
Court employees are obligated to conform to appropriate standards of conduct because the citizens with whom they deal expect them to conduct themselves in certain ways. Court employees are also obligated to perform their duties ethically to achieve justice, confidence and trust, and efficiency in the court system. The American Bar Association's Code of Judicial Conduct applies to judicial officers, but a separate set of standards should be developed for court employees because the roles of judicial and nonjudicial employees are fundamentally different. Considering the principles of justice, confidence and trust, and efficiency, major components of an ethical code for court employees should encompass abuse of position, confidentiality, conflict of interest, political activities, performance of duties, and professionalism. The American Judicature Society has approved a Model Code of Conduct for Nonjudicial Court Employees. Jurisdictions which adopt this code must identify the appropriate authority to implement code provisions and must consider how the code will interact with existing State statutes governing court employees. Other critical issues in code implementation relate to court employee education, sanctions for code violations, and enforcement structures. 15 references, 2 tables.