Ethics

EthicsEthics

Why study ethics?Why study ethics?

So you can pass the test.So you can pass the test.So you wonSo you won’’t get in trouble, or get fired. t get in trouble, or get fired. Is there any other reason?Is there any other reason?

What you need to know to pass What you need to know to pass the test:the test:

ZIP

ZERO

NADA

No ethics questions on the test.

What you need to know to keep What you need to know to keep your job and stay out of trouble.your job and stay out of trouble.

Judge may be removed or censured forJudge may be removed or censured forWillful misconduct Willful misconduct Willful and persistent failure to perform his Willful and persistent failure to perform his dutiesdutiesHabitual intemperanceHabitual intemperanceConviction of crime involving moral turpitudeConviction of crime involving moral turpitudeConduct prejudicial to administration of justiceConduct prejudicial to administration of justice

Grounds for Removal

Willful MisconductWillful Misconduct

Done intentionally and knowingly (or with gross Done intentionally and knowingly (or with gross unconcern for the conduct)unconcern for the conduct)Improper and wrong conduct acting in official Improper and wrong conduct acting in official capacitycapacityIn bad faith In bad faith ExamplesExamples——dishonesty, corruption, or knowing dishonesty, corruption, or knowing misuse of office, or to accomplish purpose misuse of office, or to accomplish purpose beyond the legitimate exercise of his or her beyond the legitimate exercise of his or her authorityauthority

Willful MisconductWillful Misconduct

Not limited to time in courtNot limited to time in courtImproper sexual activity between judge Improper sexual activity between judge and defendant includedand defendant includedGenerally criminal charges against judge Generally criminal charges against judge will also constitute willful misconductwill also constitute willful misconduct

Conduct prejudicial to the Conduct prejudicial to the administration of justice.administration of justice.

Often taken in good faith, but still appears Often taken in good faith, but still appears to objective observer that conduct is unto objective observer that conduct is un--judicial and lowers public esteem for the judicial and lowers public esteem for the officeofficeMotive doesnMotive doesn’’t matter; conduct doest matter; conduct doesPersonal benefit not requiredPersonal benefit not requiredCanCan’’t use inexperience or lack of trainingt use inexperience or lack of trainingPrivate matters also coveredPrivate matters also covered

Code of Judicial Conduct: Why Code of Judicial Conduct: Why Should You Care?Should You Care?

““A violation of the Code of Judicial A violation of the Code of Judicial Conduct may be deemed conduct Conduct may be deemed conduct prejudicial to the administration of justice prejudicial to the administration of justice that brings the judicial office in disrepute, that brings the judicial office in disrepute, or willful misconduct in office, or otherwise or willful misconduct in office, or otherwise as grounds for disciplinary proceedings . . as grounds for disciplinary proceedings . . ....”” Preamble to Code of Judicial ConductPreamble to Code of Judicial Conduct

Therefore. . . Therefore. . .

Violationof Code (may) =

Conduct prejudicial to the adminis-tration of justice

= grounds forremoval

So. . . What Does the Code So. . . What Does the Code Say?Say?

The Code of Judicial Conduct is divided The Code of Judicial Conduct is divided into 7 canons.into 7 canons.

Set of Rules

Canon, …not cannon

Canon 1 and 2Canon 1 and 2Canon 1Canon 1——Uphold integrity and Uphold integrity and indepenindepen--dencedence of the judiciaryof the judiciaryCanon 2Canon 2——Avoid impropriety in all activitiesAvoid impropriety in all activities…conduct himself at all times in a manner. . .…relationships [must not] influence conduct or judgment.…should not lend prestige of office to advance the prestige of others, or allow others to convey that they have special ability to influence him.

A magistrate is married to a police officer. Can the

magistrate handle cases in which the officer appears

before him or her?

1.1. YesYes2.2. NoNo

Canon 2: A judge should . . . conduct himself at all times in a manner that promotes public confidence in the integrity and impartiality of the judiciary. . . A judge should not allow his family, social or other relationships to influence his judicial conduct or judgment.

What if instead of being married to the officer, the magistrate worked in the police department for many years?


You are a close friend of a local banker who is the head of a selection committee for a scholarship. The child of a friend asks you to recommend him for the scholarship. Can you say yes?


Canon 2B. [A judge] should not lend the prestige of his office to advance the private interests of others . . . A judge may, based on personal knowledge, serve as a personal reference or provide a letter of recommendation.

Same facts with a twist: You are a close friend of a local banker who is the head of a selection committee for a scholarship.

The child of a friend asks you to recommend him for the

scholarship, and you know the child well. The bank comes to court a lot seeking to collect debts owed it. Should you refuse to recommend him?


Canon 3Canon 3

Canon 3Canon 3——Impartiality and diligenceImpartiality and diligenceJudicial duties take precedence over all other Judicial duties take precedence over all other activities.activities.Faithful to the law and maintain professional Faithful to the law and maintain professional competence in it.competence in it.UnswayedUnswayed by partisan interests, public by partisan interests, public clamor, fear of criticism.clamor, fear of criticism.Order and decorum in court.Order and decorum in court.Patient, dignified, courteous.Patient, dignified, courteous.

More from Canon 3More from Canon 3

Ex parte communicationsEx parte communicationsPromptnessPromptnessComments on merits of pending casesComments on merits of pending casesRecusalRecusal if: if:

Impartiality may reasonably be questioned.Impartiality may reasonably be questioned.Personal bias or prejudice, or personal knowledgePersonal bias or prejudice, or personal knowledgeFinancial interestFinancial interestRelated within 3Related within 3rdrd degree to party, witness, or degree to party, witness, or person likely to be affected.person likely to be affected.Alternative.Alternative.

You arrive early to small claims court, as does a merchant bringing several collection suits. One of the plaintiff comes into the courtroom and sees the two of you chatting. Have you violated the Code?


”A judge should . . . neither knowingly initiate nor knowingly consider ex parte communications concerning a pending proceeding.”

At a Rotary Club meeting, you are approached by a fellow member who asks for your help with a small claims matter

he has. What do you say?

1. I can’t discuss that with you.2. I can’t discuss that here. Come

to my office and we’ll talk about it.

3. I’d be happy to provide you with information about the procedure in small claims court, but I can’t give you legal advice.

4. I’d be happy to provide you with information about procedure and whether you have a good case, but I can’t give you legal advice.

Canons 4 and 5Canons 4 and 5

Outside activities to improve the system or Outside activities to improve the system or the communitythe community

DonDon’’t do it if it casts doubt on your ability to be t do it if it casts doubt on your ability to be impartialimpartialCommunity activities, but no fundraisingCommunity activities, but no fundraisingFinancial activitiesFinancial activitiesGiftsGiftsEstates of relativesEstates of relatives

A church asks you to serve as the head of its finance committee. Among the duties of the committee are the raising of the budget for the church each year. Can you

serve?

Yes No

50%50%


♦Canon 5B. A judge may participate in civic and charitable activities that do not reflect adversely upon his impartiality or interfere with the performance of his judicial duties. A judge may serve as an officer, director, trustee, or non-legal advisor of an educational, religious, charitable, fraternal, or civic organization not conducted for the economic or political advantage of its members, subject to the following limitations:(2) A judge should not solicit funds for any educational, religious, charitable, fraternal, or civic organization, or use or permit the use of the prestige of his office for that purpose, but he may be listed as an officer, director or trustee of such an organization.

A local bail bonding company gives each magistrate A local bail bonding company gives each magistrate a gift certificate to the local mall at Christmas. Can a gift certificate to the local mall at Christmas. Can

you accept it?you accept it?

Yes No

50%50%


(4). Neither a judge nor a member of his family residing in his household should accept a gift, bequest, favor, or loan from anyone except as follows:

(b) A judge or a member of his family residing in his household may accept ordinary social hospitality; a gift, bequest, favor or loan from a relative; a wedding or engagement gift; a loan from a lending institution . . . or a scholarship or fellowship awarded on the same terms applied to other applicants.(c) A judge or member of his family residing in the household may accept any other gift, bequest, favor or loan only if the donor is not a party

or other person whose interests have come or are likely to come before him.

presently before him.

Canon 7Canon 7

Canon 6Canon 6——Personal financial reports (N/A)Personal financial reports (N/A)Canon 7Canon 7——Political activityPolitical activity

Not clear how it appliesNot clear how it appliesMay participate in political party, including May participate in political party, including fundfund--raising function, butraising function, butMay not publicly endorse candidate for office, May not publicly endorse candidate for office, or contribute to individual campaign,or contribute to individual campaign,And may not personally fundAnd may not personally fund--raise.raise.Must resign to run for nonMust resign to run for non--judicial officejudicial office

The incumbent sheriff is running for reThe incumbent sheriff is running for re--election, and asks election, and asks you to endorse him. Can you?you to endorse him. Can you?

Yes No

0%0%


Is there any other reason?Is there any other reason?

As a magistrate, you will be confronted As a magistrate, you will be confronted with ethical questions every daywith ethical questions every day——what is what is the right thing to do?the right thing to do?

Sometimes that will be clear, and sometimes it won’t.

When it’s not clear, it helps to have thought about what your overall values are.

ethosethos = character= character

Aristotle described ethical behavior as Aristotle described ethical behavior as behavior directed at the common good.behavior directed at the common good.To know how to behave ethically, one To know how to behave ethically, one must have what Aristotle called must have what Aristotle called ““practical practical wisdom,wisdom,”” which consists of three qualities:which consists of three qualities:

~~moderation~~moderation~~courage~~courage~~justice~~justice

“Important as it is that people should get justice,

it is ever more important that they be made to

feel and see that they are getting it.”

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Transcript of Ethics