Practical Practical ApplicationsApplications

of Ethics Codes:of Ethics Codes:

Gifts Gifts Gifts –Gifts Gifts Gifts –

Court Employees Court Employees

Accepting GratitudeAccepting Gratitude

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• Become familiar with ethics codes.Become familiar with ethics codes.

• Understand why ethics codes are important Understand why ethics codes are important to us as court professionals.to us as court professionals.

• Determine how courts should deal with gifts Determine how courts should deal with gifts of appreciation from regular customers.of appreciation from regular customers.

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• A fair and independent court system is essential to A fair and independent court system is essential to the administration of justice in a democratic the administration of justice in a democratic society.society.

• Court professionals strive to:Court professionals strive to: inspire public confidence and trust in our inspire public confidence and trust in our

courts; andcourts; and convey impartiality, equality, fairness and convey impartiality, equality, fairness and

integrity.integrity.

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Gifts Gifts Gifts Gifts Gifts Gifts

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National Association for Court Management’sNational Association for Court Management’sModel Code of Conduct for Court ProfessionalsModel Code of Conduct for Court ProfessionalsNACM Model CodeNACM Model Code

Canon 3.3 Canon 3.3 - Avoiding Gifts- Avoiding GiftsA court professional shall not solicit, accept, agree to A court professional shall not solicit, accept, agree to accept, or dispense any gift, favor, or loan either for accept, or dispense any gift, favor, or loan either for oneself or on behalf of another based upon any oneself or on behalf of another based upon any understanding, either explicit or implicit, that would understanding, either explicit or implicit, that would influence an official action of the court.influence an official action of the court.

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Isn’t there a big difference between offering a gift as a Isn’t there a big difference between offering a gift as a thank you and presenting a gift expecting a return thank you and presenting a gift expecting a return favor?favor?

Response #1 - Yes. Rachel Dexter (although she Response #1 - Yes. Rachel Dexter (although she never even admitted to sending the chocolates) was never even admitted to sending the chocolates) was simply thanking the court staff for their hard work. simply thanking the court staff for their hard work. Unless the Dexter law firm overtly implied that it Unless the Dexter law firm overtly implied that it wanted some reciprocal action we need to take the wanted some reciprocal action we need to take the chocolates at face value: the act of kindness it was chocolates at face value: the act of kindness it was obviously meant to be.obviously meant to be.

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Isn’t there a big difference between offering a gift as a Isn’t there a big difference between offering a gift as a thank you and presenting a gift expecting a return thank you and presenting a gift expecting a return favor?favor?

Response #2 - It is laughably naïve to even think that Response #2 - It is laughably naïve to even think that the Dexter law firm sent an unacknowledged gift to the Dexter law firm sent an unacknowledged gift to the Court out of shear kindheartedness. Law firms the Court out of shear kindheartedness. Law firms are businesses and this law firm was sending the are businesses and this law firm was sending the chocolates as a hedge against an undetermined chocolates as a hedge against an undetermined future court problem staff might be able to help future court problem staff might be able to help resolve.resolve.

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Is Owen Edwards, taking a courageous path in what Is Owen Edwards, taking a courageous path in what he is doing or is he being too obsessive – he is doing or is he being too obsessive – compulsive?compulsive?

Response #1 - Owen Edwards is taking the Response #1 - Owen Edwards is taking the courageous path. There are many examples of gift courageous path. There are many examples of gift giving “getting out of hand” even in courts. Let’s giving “getting out of hand” even in courts. Let’s face it, despite what she says, attorney Rachel face it, despite what she says, attorney Rachel Dexter’s firm expects something in return for their Dexter’s firm expects something in return for their largess.largess.

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Is Owen Edwards, taking a courageous path in what Is Owen Edwards, taking a courageous path in what he is doing or is he being too obsessive – he is doing or is he being too obsessive – compulsive?compulsive?

Response #2 - Elizabeth’s comment to Mr. Edwards Response #2 - Elizabeth’s comment to Mr. Edwards is spot on. “If the court’s customers think the staff is spot on. “If the court’s customers think the staff can be bought off by a box of chocolates then it is can be bought off by a box of chocolates then it is insulting.” In addition if people really think that then insulting.” In addition if people really think that then no policy is going to alter that perception.no policy is going to alter that perception.

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Is it acceptable for Rachel Dexter to send a gift to the Is it acceptable for Rachel Dexter to send a gift to the Court?Court?

Response #1 - The responsibility to prohibit gifts lies Response #1 - The responsibility to prohibit gifts lies squarely on Owen Edwards. Rachel Dexter’s law firm squarely on Owen Edwards. Rachel Dexter’s law firm is not required to live up to the Court’s ethics code. is not required to live up to the Court’s ethics code. The law firm is working from the principle of what The law firm is working from the principle of what make s good business sense.make s good business sense.

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Is it acceptable for Rachel Dexter to send a gift to the Is it acceptable for Rachel Dexter to send a gift to the Court?Court?

Response #2 - Law firms are a member of the Response #2 - Law firms are a member of the broader justice community, and everyone has a broader justice community, and everyone has a shared responsibility for the integrity of the system. shared responsibility for the integrity of the system. Owen Edwards needs to ensure the Court does Owen Edwards needs to ensure the Court does accept gifts; the Dexter needs to stop tempting staff accept gifts; the Dexter needs to stop tempting staff by sending gifts that could be interpreted poorly.by sending gifts that could be interpreted poorly.

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IsIs Elizabeth appropriately supportive of Owen Elizabeth appropriately supportive of Owen EdwardsEdwards??

Response #1 - No. Despite what she says, Elizabeth Response #1 - No. Despite what she says, Elizabeth is only reacting to Mr. Edwards directives. Someone is only reacting to Mr. Edwards directives. Someone at Elizabeth’s level in a court needs to fully appreciate at Elizabeth’s level in a court needs to fully appreciate the underlying ethical implication of accepting gifts.the underlying ethical implication of accepting gifts.

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IsIs Elizabeth appropriately supportive of Owen Elizabeth appropriately supportive of Owen EdwardsEdwards??

Response #2 – It doesn’t matter if Elizabeth is Response #2 – It doesn’t matter if Elizabeth is “appropriately supportive,” she is supervising her “appropriately supportive,” she is supervising her staff according to Mr. Edwards’ directives. It is staff according to Mr. Edwards’ directives. It is Elizabeth and the staff’s behavior that counts, not Elizabeth and the staff’s behavior that counts, not what their motivation is behind the behavior.what their motivation is behind the behavior.

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What can the court do in these situationsWhat can the court do in these situations??

Response #1 - The court needs to keep reminding Response #1 - The court needs to keep reminding staff, through stories and news accounts of the staff, through stories and news accounts of the unpleasant consequences of accepting gifts and unpleasant consequences of accepting gifts and potential bribes. There is no shortage of available potential bribes. There is no shortage of available accounts to drive the message home. accounts to drive the message home.

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Determine what your own Determine what your own answers are to the questions answers are to the questions

asked here.asked here.

Determine what your own Determine what your own answers are to the questions answers are to the questions

asked here.asked here.

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•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

•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

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Log onto the NACM Website Ethics Page:Log onto the NACM Website Ethics Page:

http://www.ncsconline.org/Nacmethics/

Or the NACM Ethics Hotline:Or the NACM Ethics Hotline:

http://www.nacmnet.org/ethics/hotline.asphttp://www.nacmnet.org/ethics/hotline.asp

Log onto the NACM Website Ethics Page:Log onto the NACM Website Ethics Page:

http://www.ncsconline.org/Nacmethics/

Or the NACM Ethics Hotline:Or the NACM Ethics Hotline:

http://www.nacmnet.org/ethics/hotline.asphttp://www.nacmnet.org/ethics/hotline.asp

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