practical applications of ethics codes: defriending mr. king – court management and the social...

Practical ApplicationsPractical Applications

of Ethics Codes:of Ethics Codes:

Defriending Mr. King –Defriending Mr. King –

Court Management and Court Management and

The Social NetworkThe Social Network1 of 28

ObjectivesObjectives

• Become familiar with ethics codesBecome familiar with ethics codes

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

• Determine how ethics apply to court Determine how ethics apply to court management in the burgeoning world of management in the burgeoning world of the social networkthe social network

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

• To be a court professional means ethical To be a court professional means ethical conduct that strives to:conduct that strives to:– inspire public confidence and trust in our inspire public confidence and trust in our

courts; andcourts; and– convey impartiality, equity, fairness and convey impartiality, equity, fairness and

integrity.integrity.

Are Ethics Important?Are Ethics Important?

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Scenario:Scenario:

Defriending Mr. Defriending Mr. KingKing

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Defriending Mr. KingDefriending Mr. KingCodesCodes

NACM Model Code of Conduct for Court ProfessionalsNACM Model Code of Conduct for Court ProfessionalsCanon 1.2 Avoiding ImproprietyCanon 1.2 Avoiding Impropriety

A court professional shall avoid activities that would A court professional shall avoid activities that would impugn the dignity of the court.impugn the dignity of the court.

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NACM Model Code of Conduct for Court ProfessionalsNACM Model Code of Conduct for Court ProfessionalsCanon 1.4 Respect for OthersCanon 1.4 Respect for Others

A court professional shall treat litigants, co-workers A court professional shall treat litigants, co-workers and all others interacting with the court with dignity, and all others interacting with the court with dignity, respect and courtesy.respect and courtesy.

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NACM Model Code of Conduct for Court ProfessionalsNACM Model Code of Conduct for Court ProfessionalsCanon 2.3 Misconduct of OthersCanon 2.3 Misconduct of Others

A court professional shall report to the appropriate A court professional shall report to the appropriate authority the behavior of any court professional who authority the behavior of any court professional who violates this code . . . violates this code . . .

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NACM Model Code of Conduct for Court ProfessionalsNACM Model Code of Conduct for Court ProfessionalsCanon 2.7 DiscretionCanon 2.7 Discretion

A court professional shall be respectful of litigants, the A court professional shall be respectful of litigants, the public, applicants and employees’ personal lives; public, applicants and employees’ personal lives; disregard information that legally cannot or should not disregard information that legally cannot or should not otherwise be considered; use good judgment in otherwise be considered; use good judgment in weighing the credibility of Internet data; and be weighing the credibility of Internet data; and be cautious about verifying identities.cautious about verifying identities.

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NACM Model Code of Conduct for Court ProfessionalsNACM Model Code of Conduct for Court ProfessionalsCanon 2.7 Discretion (Continued)Canon 2.7 Discretion (Continued)

A court professional shall treat personal or sensitive A court professional shall treat personal or sensitive information with the same discretion that one would information with the same discretion that one would wish others to have if one were involved in a similar wish others to have if one were involved in a similar case. case.

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NACM Model Code of Conduct for Court ProfessionalsNACM Model Code of Conduct for Court ProfessionalsCanon 2.8 Proper Use of Public ResourcesCanon 2.8 Proper Use of Public Resources

A court professional shall use the resources, property A court professional shall use the resources, property and funds under one’s official control judiciously and and funds under one’s official control judiciously and solely in accordance with prescribed procedures.solely in accordance with prescribed procedures.

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NACM Model Code of Conduct for Court ProfessionalsNACM Model Code of Conduct for Court ProfessionalsCanon 2.8 Outside BusinessCanon 2.8 Outside Business

A court professional shall avoid outside activities . . . A court professional shall avoid outside activities . . . that reflect negatively upon the judicial branch and on that reflect negatively upon the judicial branch and on one’s own professionalism.one’s own professionalism.

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American Judicature Society Model Code for American Judicature Society Model Code for Nonjudicial Court EmployeesNonjudicial Court EmployeesSection Six (C):Section Six (C): Court Managers Court Managers

Court managers shall diligently discharge their Court managers shall diligently discharge their administrative responsibilities, maintain professional administrative responsibilities, maintain professional competence in judicial administration and facilitate the competence in judicial administration and facilitate the performance of other court employees.performance of other court employees.

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American Judicature Society Model Code for American Judicature Society Model Code for Nonjudicial Court EmployeesNonjudicial Court EmployeesSection Six (D):Section Six (D): Court Managers Court Managers

Court managers shall take action regarding any Court managers shall take action regarding any unethical conduct of which they may become aware, unethical conduct of which they may become aware, initiating appropriate disciplinary measures against an initiating appropriate disciplinary measures against an employee for any such conduct and reporting to employee for any such conduct and reporting to appropriate authorities evidence of any unethical appropriate authorities evidence of any unethical conduct by judges or lawyers.conduct by judges or lawyers.

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Defriending Mr. KingDefriending Mr. KingDiscussion QuestionsDiscussion Questions

Does making disparaging remarks about one’s job on Does making disparaging remarks about one’s job on the social network truly qualify as an ethical the social network truly qualify as an ethical question?question?

Response #1Response #1““Absolutely not! Employees have blown off steam Absolutely not! Employees have blown off steam about one’s job and one’s boss from time about one’s job and one’s boss from time immemorial. Posting a Facebook comment is no immemorial. Posting a Facebook comment is no different from complaining about your boss at the different from complaining about your boss at the local pub.” local pub.”

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Response #2Response #2““Facebook is Facebook is notnot a local pub. When an employee a local pub. When an employee posts a Facebook comment it can go out to posts a Facebook comment it can go out to hundreds, thousands, may be even millions of others. hundreds, thousands, may be even millions of others. There is no comparison and people need to be very There is no comparison and people need to be very careful about what they post on any social media careful about what they post on any social media site.” site.” 16 of 28



Response #3Response #3““Posting disparaging Facebook comments clearly Posting disparaging Facebook comments clearly violates NACM Canon 2.8 prohibiting violates NACM Canon 2.8 prohibiting activities that activities that reflect negatively on the judicial branch. No question reflect negatively on the judicial branch. No question that Cathy Korn was unethicalthat Cathy Korn was unethical.” .”

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Should courts have the right to peruse the social Should courts have the right to peruse the social network looking at employee comments?network looking at employee comments?

Response #1Response #1““No. The social network is, first and foremost, social. No. The social network is, first and foremost, social. It is for people to exchange chit chat and ideas. It is for people to exchange chit chat and ideas. Having one’s boss trolling the Internet, looking for Having one’s boss trolling the Internet, looking for electronic detritus, is both patronizing and electronic detritus, is both patronizing and predatory.” predatory.”

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Should courts have the right to peruse the social Should courts have the right to peruse the social network looking at employee comments?network looking at employee comments?

Response #2Response #2““Court administration has both a right and a duty to Court administration has both a right and a duty to know what is on the social network about that court. know what is on the social network about that court. The comments are in the public realm. The court The comments are in the public realm. The court must keep abreast of comments made and if must keep abreast of comments made and if comments come from its own it needs to know that, comments come from its own it needs to know that, too.”too.”

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Is it really necessary for a court to have a social Is it really necessary for a court to have a social network policy?network policy?

Response #1Response #1““The social network is a new arena. Courts need to The social network is a new arena. Courts need to lay out how they intend to use it and how they expect lay out how they intend to use it and how they expect their employees to use it. For no other reason tell their employees to use it. For no other reason tell employees that the court plans on looking at employees that the court plans on looking at employees’ Facebook pages and give employees fair employees’ Facebook pages and give employees fair warning.”warning.”

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Is it really necessary for a court to have a social Is it really necessary for a court to have a social network policy?network policy?

Response #2Response #2““NACM’s existing code is covers everything a social NACM’s existing code is covers everything a social networking policy would cover. The social network is networking policy would cover. The social network is nothing more than a different way to share ideas and nothing more than a different way to share ideas and information. What one says is important; how one information. What one says is important; how one shares it with others is not so important.” shares it with others is not so important.”

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Should a court have the ethical right to dictate what Should a court have the ethical right to dictate what court employees can and cannot have on their social court employees can and cannot have on their social networking sites? networking sites?

Response #1Response #1““Yes. If a court has the right to peruse the social Yes. If a court has the right to peruse the social network reviewing employee entries, it certainly has network reviewing employee entries, it certainly has the right to tell employees what is inappropriate and the right to tell employees what is inappropriate and unprofessional.” unprofessional.”

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Response #2Response #2““No. Courts should not be looking on the social No. Courts should not be looking on the social network for employee comments and they certainly network for employee comments and they certainly should not be telling employees what they can and should not be telling employees what they can and cannot have on the social network.” cannot have on the social network.”

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Response #3Response #3““There is a practical issue to this question. How long There is a practical issue to this question. How long will it take for shrewd employees to take up using will it take for shrewd employees to take up using fake monikers on the social network? These fake monikers on the social network? These employees could quickly start posting disparaging employees could quickly start posting disparaging comments under their digital identity.” comments under their digital identity.”

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What can the court learn from this situation?What can the court learn from this situation?

Response #1Response #1““A good court policy on the social network is A good court policy on the social network is

something that should be developed sooner rather something that should be developed sooner rather than later. Even if such a policy fosters staff than later. Even if such a policy fosters staff debate, at least they will know what a court’s debate, at least they will know what a court’s intentions will be toward the social network.”intentions will be toward the social network.”

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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.

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Why Do This?Why Do This?

•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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Learn More and Join the Learn More and Join the ConversationConversation

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

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

Or the NACM Ethics Hotline:

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

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practical applications of ethics codes: defriending mr. king – court management and the social...

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