NCJ Number
53809
Journal
Court Management Journal Dated: (1978) Pages: 10-11,21-24
Date Published
1978
Length
6 pages
Annotation
CODES OF CONDUCT FOR COURT ADMINISTRATORS, ADOPTED BY THE JUDICIAL CONFERENCE OF THE UNITED STATES, ARE PRESENTED. SEVEN CANONS OF THE CODES ARE MODELED AFTER THE AMERICAN BAR ASSOCIATION'S JUDICIAL CODE.
Abstract
THE CODES OF CONDUCT REFLECT THE NEEDS AND REALITIES OF FEDERAL COURTS. ASSUMPTIONS UNDERLYING THE NEED FOR ENFORCEMENT PROVISIONS IN THE CODES ARE THAT INDIVIDUALS WILL NOT CHANGE THEIR FORM OF BEHAVIOR AS THE RESULT OF CODES AND THAT THE EXISTENCE OF FORMAL CODES WILL BE USELESS IF UNETHICAL BEHAVIOR CONTINUES AND THERE ARE NO ENFORCEMENT PROVISIONS. A CODE OF ETHICS IS NEEDED IN ORDER TO COMPLETE STAGES IN THE PROCESS OF CONVERTING COURT ADMINISTRATION INTO A PROFESSION. THE BASIS FOR PROFESSIONAL CODES OF CONDUCT IS ULTIMATELY LOCATED IN GENERAL ETHICAL PRINCIPLES, PARTICULARLY LEGAL AND MEDICAL STANDARDS OF WHICH THE PUBLIC IS CONSIDERED TO BE THE BENEFICIARY. ONE OF THE HISTORICAL REASONS BEHIND MUCH OF THE SUPPORT BY THE JUDICIARY FOR THE CREATION OF SPECIALIZED COURT ADMINISTRATORS IS GROUNDED IN CONFLICTS THAT ARISE BETWEEN ELECTED JUDGES AND ELECTED COURT CLERKS. CODES OF CONDUCT SERVE TO GUIDE MEMBERS OF THE JUDICIAL PROFESSION. THE ACT OF CREATING CODES OF CONDUCT MUST BE APPROACHED IN RELATION TO PROVIDING GUIDELINES FOR PRACTITIONERS ABOUT ETHICAL BEHAVIOR. THE SEVEN CANONS OF THE CODES PROMULGATED BY THE JUDICIAL CONFERENCE OF THE UNITED STATES ARE AS FOLLOWS: (1) A CLERK SHOULD UPHOLD THE INTEGRITY AND INDEPENDENCE OF THE JUDICIARY AND OF HIS OR HER OFFICE; (2) A CLERK SHOULD AVOID IMPROPRIETY AND THE APPEARANCE OF IMPROPRIETY; (3) A CLERK SHOULD PERFORM DUTIES IMPARTIALLY AND DILIGENTLY; (4) A CLERK MAY ENGAGE IN ACTIVITIES TO IMPROVE THE LAW, THE LEGAL SYSTEM, AND THE ADMINISTRATION OF JUSTICE; (5) A CLERK SHOULD REGULATE EXTRAOFFICIAL ACTIVITIES TO MINIMIZE THE RISK OF CONFLICT WITH OFFICIAL DUTIES; (6) A CLERK SHOULD REGULARLY FILE REPORTS OF COMPENSATION RECEIVED FOR QUASI-OFFICIAL AND EXTRAOFFICIAL ACTIVITIES; AND (7) A CLERK SHOULD REFRAIN FROM PARTISAN POLITICAL ACTIVITY. (DEP)