Operations Of Federal Judicial Misconduct Statutes

Author : Federal Judicial Center
Publisher :
ISBN 13 : 9781469910130
Total Pages : 0 pages
Book Rating : 4.9/5 (11 download)

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Download or read book Maintaining the Public Trust written by Federal Judicial Center and published by . This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: New law clerks: welcome to the federal court system. Career clerks: thank you for your continued service. During your clerkship, you will provide valuable assistance as your judge resolves disputes that are of great importance to the parties, and often to the public. The parties and the public accept judges' rulings because they trust the system to be fair and impartial. Maintaining this trust is crucial to the continued success of our courts. That's why, although you have many responsibilities that demand your attention, you must never lose sight of your ethical obligations. You need to become familiar with the Code of Conduct for Judicial Employees, which has five canons. In brief, the canons provide that you should * uphold the independence and integrity of the judiciary and of your office; * avoid impropriety and the appearance of impropriety in all activities; * adhere to appropriate standards in performing your duties; * avoid conflict with official duties and the appearance of impropriety in all outside activities; and * refrain from inappropriate political activities. Scrupulously follow these canons and the other rules that govern your conduct. Do not assume that good intentions are enough. It is not enough to simply learn and follow the Code of Conduct and other related ethics rules, however. You also need to familiarize yourself with and follow your judge's ethical guidelines. These guidelines may differ from chambers to chambers. Your judge may impose restrictions that go beyond the Code. Although many of your obligations are the same as those of other federal judicial employees, certain restrictions are more stringent because of your special position in relation to the judge. Some obligations continue after your service to the court concludes. Sometimes new law clerks are surprised by some of the canons, although after they analyze those canons, the rationale becomes clear. The canons emphasize avoiding activity that raises the appearance of impropriety, as well as actual impropriety itself. Many outside activities cannot be neatly separated from your official duties. You will need to maintain a heightened awareness of how others may perceive your actions-in and out of the court. To help you get started, the federal judiciary's ethics committee, known as the Judicial Conference Committee on Codes of Conduct (the Committee), prepared this pamphlet in cooperation with the Federal Judicial Center. This pamphlet provides an overview of your ethical obligations as well as resources you can consult for further information. These obligations apply to all law clerks, including career clerks, clerks who serve for a defined period of time, and clerks who work full-time or part-time, for pay or as a volunteer. The next section discusses how to approach an ethics question. The following sections present the "5 Cs" as an easy way to remember the main categories of your ethical obligations. They are * confidentiality; * conflicts of interest; * caution (political activities, online activities, and gifts); * community and other outside professional and social activities; and * career. Each "C" section includes examples that illustrate challenges you may face, as well as sources of guidance.