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NACCA Ethics Training 2014 1 Ethics Exercises—Tools to Calibrate Your Moral Compass at Work (2014 Edition) Presented by Joe Tommasino, Esq. & Senior Justice.

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Presentation on theme: "NACCA Ethics Training 2014 1 Ethics Exercises—Tools to Calibrate Your Moral Compass at Work (2014 Edition) Presented by Joe Tommasino, Esq. & Senior Justice."— Presentation transcript:

1 NACCA Ethics Training Ethics Exercises—Tools to Calibrate Your Moral Compass at Work (2014 Edition) Presented by Joe Tommasino, Esq. & Senior Justice of the Peace Susan Deriso

2 Disclaimer The fact patterns used in this training are not necessarily based on any real-life events. To the extent that I was inspired by real- life events, the names have been changed to protect the “innocent.” NACCA Ethics Training 2014 Slide 2

3 NACCA’s Mission Due to the importance of the topic, NACCA will provide Ethics training in even-numbered years. The training will alternate with Legislative training in odd-numbered years. National Association for Court Management (NACM) Ethics Subcommittee = Interaction with other courts. NACCA Ethics Training 2014 Slide 3

4 Note re: This PowerPoint *These exercises are designed to challenge you and to force you to think. *Giving you the PowerPoint now would allow you to “cheat” (which, of course, is unethical). We will have the slideshow and related materials on the NACCA website after the Regionals have concluded. NACCA Ethics Training 2014 Slide 4

5 Note re: Scope * This training will not focus on obvious criminal behavior by court employees. Examples: (1) Stealing from cash drawers; (2) Falsifying criminal-history records; (3) Beating up a co-worker; (ETC.) * We have a great deal of information to cover.... NACCA Ethics Training 2014 Slide 5

6 Here We Go! NACCA Ethics Training 2014 Slide 6

7 Act 1—“Introductory Level” NACCA Ethics Training 2014 Slide 7

8 The Concept of “Ethics” NACCA Ethics Training 2014 Slide 8

9 The Concept of “Ethics” Ethos is a Greek word meaning “character”; it is used to describe the guiding beliefs or ideals that characterize a community, nation, or ideology. Ethics is a branch of philosophy that involves defending and recommending concepts of right and wrong behavior. NACCA Ethics Training 2014 Slide 9

10 Nevada Supreme Court Dunphy v. Sheehan, 92 Nev. 259 (1976). The function of the judicial department is the administration of justice. The judiciary, as a coequal branch of government, possesses the inherent power to protect itself and to administer its affairs. NACCA Ethics Training 2014 Slide 10

11 Nevada Supreme Court * The creation of a Code of Judicial Ethics is “a measure essential to the due administration of justice and within the inherent power of the judicial department of this State.” * The creation of a Code of Conduct for Court Employees is similarly within the Nevada Supreme Court’s inherent powers. NACCA Ethics Training 2014 Slide 11

12 Code of Judicial Conduct (CJC) for Judges NACCA Ethics Training 2014 Slide 12

13 Code of Judicial Conduct (CJC) for Judges Four Canons: Canon #1: A judge shall uphold and promote the independence, integrity, and impartiality of the judiciary.... and shall avoid impropriety and the appearance of impropriety. NACCA Ethics Training 2014 Slide 13

14 Code of Judicial Conduct (CJC) for Judges Canon #2: A judge shall perform the duties of judicial office impartially, competently, and diligently. NACCA Ethics Training 2014 Slide 14

15 Code of Judicial Conduct (CJC) for Judges Canon #3: A judge shall conduct the judge’s personal and extrajudicial activities to minimize the risk of conflict with the obligations of judicial office. NACCA Ethics Training 2014 Slide 15

16 Code of Judicial Conduct (CJC) for Judges Canon #4: A judge or candidate for judicial office shall not engage in political or campaign activity that is inconsistent with the independence, integrity, or impartiality of the judiciary. NACCA Ethics Training 2014 Slide 16

17 Code of Judicial Conduct (CJC) for Judges After the Canons: * Numbered Rules under each Canon. * Comments that generally follow and explain each Rule. * Code was last revised in NACCA Ethics Training 2014 Slide 17

18 Code of Judicial Conduct (CJC) for Judges References to Conduct by Court Staff NACCA Ethics Training 2014 Slide 18

19 Code of Judicial Conduct (CJC) for Judges Rule 2.3. Bias, Prejudice, and Harassment.... (B) A judge shall not, in the performance of judicial duties, by words or conduct manifest bias or prejudice, or engage in harassment, including but not limited to bias, prejudice, or harassment based upon race, sex, gender, religion, national origin, ethnicity, disability, age, sexual orientation, marital status, socioeconomic status, or political affiliation, * and shall not permit court staff, court officials, or others subject to the judge’s direction and control to do so. NACCA Ethics Training 2014 Slide 19

20 Code of Judicial Conduct (CJC) for Judges Rule 2.8. Decorum, Demeanor, and Communication With Jurors.... (B) A judge shall be patient, dignified, and courteous to litigants, jurors, witnesses, lawyers, court staff, court officials, and others with whom the judge deals in an official capacity * and shall require similar conduct of lawyers, court staff, court officials, and others subject to the judge’s direction and control.... NACCA Ethics Training 2014 Slide 20

21 Code of Judicial Conduct (CJC) for Judges Rule 2.9. Ex Parte Communications. (A) A judge shall not initiate, permit, or consider ex parte communications, or consider other communications made to the judge outside the presence of the parties or their lawyers, concerning a pending or impending matter, [with certain exceptions]... NACCA Ethics Training 2014 Slide 21

22 Code of Judicial Conduct (CJC) for Judges (D) A judge shall make reasonable efforts, including providing appropriate supervision, to ensure that this Rule is not violated by court staff, court officials, and others subject to the judge’s direction and control. NACCA Ethics Training 2014 Slide 22

23 Code of Judicial Conduct (CJC) for Judges Rule Judicial Statements on Pending and Impending Cases. (A) A judge shall not make any public statement that might reasonably be expected to affect the outcome or impair the fairness of a matter pending or impending in any court, * or make any nonpublic statement that might substantially interfere with a fair trial or hearing. NACCA Ethics Training 2014 Slide 23

24 Code of Judicial Conduct (CJC) for Judges (B) A judge shall not, in connection with cases, controversies, or issues that are likely to come before the court, * make pledges, promises, or commitments that are inconsistent with the impartial performance of the adjudicative duties of judicial office. NACCA Ethics Training 2014 Slide 24

25 Code of Judicial Conduct (CJC) for Judges (C) A judge shall require court staff, court officials, and others subject to the judge’s direction and control to refrain from making statements that the judge would be prohibited from making by paragraphs (A) and (B). NACCA Ethics Training 2014 Slide 25

26 Code of Judicial Conduct (CJC) for Judges Rule Supervisory Duties. (A) A judge shall require court staff, court officials, and others subject to the judge’s direction and control to act in a manner consistent with the judge’s obligations under this Code. NACCA Ethics Training 2014 Slide 26

27 Code of Judicial Conduct (CJC) for Judges COMMENT... A judge may not direct court staff, court officials, and others subject to the judge’s direction and control * to engage in conduct on the judge’s behalf or as the judge’s representative when such conduct would violate the Code if undertaken by the judge. NACCA Ethics Training 2014 Slide 27

28 Code of Judicial Conduct (CJC) for Judges Rule 3.1. Extrajudicial Activities in General. A judge may engage in extrajudicial activities, except as prohibited by law or this Code. However, when engaging in extrajudicial activities, a judge shall not:... (E) make use of court premises, staff, stationery, equipment, or other resources, * except for incidental use for activities that concern the law, the legal system, or the administration of justice, or unless such additional use is permitted by law. NACCA Ethics Training 2014 Slide 28

29 Code of Judicial Conduct (CJC) for Judges Rule 4.1. Political and Campaign Activities of Judges and Judicial Candidates in General. (A) Except as permitted by law, or by Rules 4.2, 4.3, and 4.4, a judge or a judicial candidate shall not:... (10) use court staff, facilities, or other court resources in a campaign for judicial office. NACCA Ethics Training 2014 Slide 29

30 Code of Judicial Conduct (CJC) for Judges Final Note: The Code of Judicial Conduct “is not designed or intended as a basis for civil or criminal liability.” This statement does not appear in the ethics code that is applicable to court employees! NACCA Ethics Training 2014 Slide 30

31 What Specific Code Applies to Court Employees? NACCA Ethics Training 2014 Slide 31

32 Code of Conduct for Judicial Employees in the State of Nevada Originally circulated on April 2, 2004, by the Judicial Council’s Court Administration Committee. NACCA Ethics Training 2014 Slide 32

33 Code of Conduct for Judicial Employees in the State of Nevada On December 6, 2013, the Judicial Council approved and adopted the REVISED Model Code of Conduct for Judicial Employees. Main purposes: (1) To follow the Model Code from the National Association for Court Management (NACM), with some sections reorganized and supplemented; and (2) T o include references to social media. NACCA Ethics Training 2014 Slide 33

34 Code of Conduct for Judicial Employees in the State of Nevada The Revised Model Code is not automatically mandated by the AOC. Affirmative adoption in each of Nevada’s courts is merely encouraged. NACCA Ethics Training 2014 Slide 34

35 Code of Conduct for Judicial Employees in the State of Nevada Preface A fair and independent court system is essential to the administration of justice. A necessary part of that system is the proper conduct by judicial employees who inspire public confidence and trust in this country’s court system. NACCA Ethics Training 2014 Slide 35

36 Code of Conduct for Judicial Employees in the State of Nevada To Whom Does the Code Apply? All employees of the Judicial Branch in the State of Nevada, Except the justices, and judicial officers of the Judicial Branch in the State of Nevada (who are governed by the Nevada Code of Judicial Conduct) NACCA Ethics Training 2014 Slide 36

37 Code of Conduct for Judicial Employees in the State of Nevada Contractors and other non-employees who serve the judiciary are not covered by this Code. Appointing authorities may impose these or similar ethical standards on such non- employees, as deemed appropriate. Examples: Court reporters; interpreters; interns; etc. NACCA Ethics Training 2014 Slide 37

38 Code of Conduct for Judicial Employees in the State of Nevada The standards contained within this Code do not preclude the adoption of more rigorous standards by law, court order or local rule. Key: The Code is intended to provide minimum standards of conduct. NACCA Ethics Training 2014 Slide 38

39 Code of Conduct for Judicial Employees in the State of Nevada Penalties for Violation? Violations of the Code may be enforced within the local jurisdiction and in the same manner as violations of local personnel rules that apply to judicial employees. Ex.: Progressive Discipline NACCA Ethics Training 2014 Slide 39

40 Code of Conduct for Judicial Employees in the State of Nevada In certain cases, it is understood that judicial employees may be bound by local court and/or local government personnel rules and procedures. Example: County Policies Each chief judge or appointing authority may have to ascertain the prioritization of the Code when or if certain conflicts arise between the rules of the local government and the Code. NACCA Ethics Training 2014 Slide 40

41 Code of Conduct for Judicial Employees in the State of Nevada Definitions Appointing Authority Normally a judge or appointed designee. The Revised Model Code now gives specific examples: (1) Court Administrator (2) County Clerk (3) Chief Deputy Clerk NACCA Ethics Training 2014 Slide 41

42 Code of Conduct for Judicial Employees in the State of Nevada Definitions Canon: = A fundamental principle governing the conduct of judicial employees. = The broad statement of principle appearing before each section of the Code. NACCA Ethics Training 2014 Slide 42

43 Code of Conduct for Judicial Employees in the State of Nevada Original Model Code:(6) Canons Revised Model Code:(4) Canons NACCA Ethics Training 2014 Slide 43

44 Code of Conduct for Judicial Employees in the State of Nevada Original Model Code:Referred to “Court Clerk.” Revised Model Code: Refers to “Judicial Employee” and “Personal Staff.” NACCA Ethics Training 2014 Slide 44

45 Code of Conduct for Judicial Employees in the State of Nevada Judicial employee is any person employed in support of the Judicial Branch in the State of Nevada who directly affects the operation of the judiciary. Judicial employees may work under the direct or indirect supervision of the judge, court administrator, or elected clerk of the court. Personal staff means any employee or person who is appointed by and reports directly to the judge. Example: JEA/Law Clerk/Bailiff. NACCA Ethics Training 2014 Slide 45

46 Code of Conduct for Judicial Employees in the State of Nevada NEW DEFINITION FOR “SOCIAL MEDIA” Any activity on the Internet that involves posting by the judicial employee, such as: (1) Blogging; (2) Posting comments to any website; (3) Posting photos; (4) Posting video, other graphics, or multimedia materials... NACCA Ethics Training 2014 Slide 46

47 Code of Conduct for Judicial Employees in the State of Nevada NEW DEFINITION FOR “SOCIAL MEDIA” (5) Posting documents or links; (6) Posting status updates, comments, or links; (7) Posting materials or links, or sharing or participating in any other way on a social networking site like Facebook... NACCA Ethics Training 2014 Slide 47

48 Code of Conduct for Judicial Employees in the State of Nevada NEW DEFINITION FOR “SOCIAL MEDIA” (8) Micro-blogging, for example through Twitter; (9) Contributing to a wiki; (10) And so on. Bottom Line: Extremely broad definition. NACCA Ethics Training 2014 Slide 48

49 Code of Conduct for Judicial Employees in the State of Nevada Disclaimer in the Revised Model Code: “These guidelines do not target messages sent through or a social networking site directed to individuals or to small groups of personal friends,... except as it relates to confidentiality. NACCA Ethics Training 2014 Slide 49

50 Code of Conduct for Judicial Employees in the State of Nevada 4 BASIC CANONS CANON 1 UPHOLDING THE INTEGRITY AND INDEPENDENCE OF THE JUDICIARY AND AVOIDING IMPROPRIETY AND THE APPEARANCE OF IMPROPRIETY IN ALL ACTIVITIES NACCA Ethics Training 2014 Slide 50

51 Code of Conduct for Judicial Employees in the State of Nevada 4 BASIC CANONS CANON 2 PERFORMING THE DUTIES OF POSITION IMPARTIALLY AND DILIGENTLY NACCA Ethics Training 2014 Slide 51

52 Code of Conduct for Judicial Employees in the State of Nevada 4 BASIC CANONS CANON 3 CONDUCTING OUTSIDE ACTIVITIES TO MINIMIZE THE RISK OF CONFLICT WITH OFFICIAL POSITION NACCA Ethics Training 2014 Slide 52

53 Code of Conduct for Judicial Employees in the State of Nevada 4 BASIC CANONS CANON 4 REFRAINING FROM INAPPROPRIATE POLITICAL ACTIVITY NACCA Ethics Training 2014 Slide 53

54 Code of Conduct for Judicial Employees in the State of Nevada Shorthand Labels Canon 1: Integrity/Independence/ Impropriety/Appearance of Impropriety Canon 2:Impartiality/Diligence Canon 3:Outside Activities Canon 4:Political Activity NACCA Ethics Training 2014 Slide 54

55 Code of Conduct for Judicial Employees in the State of Nevada Canon 1 (Integrity/Independence) Rule 1.1: An independent and honorable judiciary is indispensable to justice in our society. A judicial employee shall personally observe high standards of conduct so that the integrity and independence of the judiciary are preserved and the judicial employee’s office reflects a devotion to serving the public. NACCA Ethics Training 2014 Slide 55

56 Code of Conduct for Judicial Employees in the State of Nevada Canon 1 (Integrity/Independence) Rule 1.1: Judicial employees shall require adherence to such standards by personnel subject to their direction and control. The provisions of this Code shall be construed and applied to further the objectives of Canon 1. NACCA Ethics Training 2014 Slide 56

57 Code of Conduct for Judicial Employees in the State of Nevada Canon 1 (Integrity/Independence) Rule 1.1: * The standards of this Code shall not affect or preclude other more stringent standards required by law, by court order, or by an appointing authority. * Judicial employees shall encourage respect for the law and the administration of justice. NACCA Ethics Training 2014 Slide 57

58 Code of Conduct for Judicial Employees in the State of Nevada Canon 1 (Integrity/Independence) Rule 1.1: NEW LANGUAGE A judicial employee shall faithfully carry out all appropriately assigned duties striving at all times to perform the work diligently, efficiently, equitably, thoroughly, courteously, honestly, truthfully, and with transparency. A judicial employee shall properly carry out issued court orders and rules, not exceeding a judicial employee’s authority. NACCA Ethics Training 2014 Slide 58

59 Code of Conduct for Judicial Employees in the State of Nevada Canon 1 (Impropriety/Appearance Of) Rule 1.2: A judicial employee shall not engage in any activities that would put into question the propriety of the judicial employee in carrying out the duties of the office. NACCA Ethics Training 2014 Slide 59

60 Code of Conduct for Judicial Employees in the State of Nevada Canon 1 (Impropriety/Appearance Of) Rule 1.2: A judicial employee shall not allow family, social, or other relationships to influence official conduct or judgment. NACCA Ethics Training 2014 Slide 60

61 Code of Conduct for Judicial Employees in the State of Nevada Canon 1 (Impropriety/Appearance Of) Rule 1.2: A judicial employee shall not lend the prestige of the office to advance or to appear to advance the private interests of themselves or others. NACCA Ethics Training 2014 Slide 61

62 Code of Conduct for Judicial Employees in the State of Nevada Canon 1 (Impropriety/Appearance Of) Rule 1.2: A judicial employee shall not use public office for private gain. NACCA Ethics Training 2014 Slide 62

63 Code of Conduct for Judicial Employees in the State of Nevada Canon 1 (Impropriety/Appearance Of) Rule 1.2: New Language: In performing the duties prescribed (1) by law, (2) by resolution of the Judicial Council of the State of NV, (3) by court order, or (4) by the judicial employee’s appointing authority, the following standards apply: NACCA Ethics Training 2014 Slide 63

64 Code of Conduct for Judicial Employees in the State of Nevada Canon 1 (Impropriety/Appearance Of) Rule 1.2: New Language: A. A judicial employee shall respect and comply with the law and these canons. B. A judicial employee shall be faithful to professional standards and maintain competence in the judicial employee’s profession. C. A judicial employee shall refrain from publicly endorsing any product or service in their official capacity, including through social media. NACCA Ethics Training 2014 Slide 64

65 Code of Conduct for Judicial Employees in the State of Nevada Canon 4 (Political Activity) OLD standard: Judicial employees may engage in political activity, at the discretion of the judge, if such activity does not tend to reflect adversely on the dignity or the impartiality of the court or office and does not interfere with the proper performance of official duties. NACCA Ethics Training 2014 Slide 65

66 Code of Conduct for Judicial Employees in the State of Nevada Canon 4 (Political Activity) NEW standards: Judicial employees may engage in political activity if such activity does not tend to reflect adversely on the dignity or the impartiality of the court or office and does not interfere with the proper performance of official duties. NACCA Ethics Training 2014 Slide 66

67 Code of Conduct for Judicial Employees in the State of Nevada Canon 4 (Political Activity) A judicial employee may not engage in such activity while on duty or in the judicial employee’s workplace and may not use any court or local government resources in connection with such activity. NACCA Ethics Training 2014 Slide 67

68 Code of Conduct for Judicial Employees in the State of Nevada Canon 4 (Political Activity) Engaging in any political activity is done strictly as a private citizen and only in accordance with state law or court rules. A judicial employee retains one’s right to vote and is encouraged to exercise it as a part of citizenship. Example: Not an ethical violation to vote for your judge’s opponent in an election. NACCA Ethics Training 2014 Slide 68

69 Code of Conduct for Judicial Employees in the State of Nevada Canon 4 (Political Activity) A judicial employee shall not use one’s position or title within the court system to influence others. Unless a judicial employee is elected to one’s court position, one shall campaign during non- work hours or take an unpaid leave of absence upon declaring one’s intent to run for office. NACCA Ethics Training 2014 Slide 69

70 Code of Conduct for Judicial Employees in the State of Nevada Canon 4 (Political Activity) If elected, a judicial employee shall resign one’s post with the court unless one is holding a political office that clearly does not hold a conflict of interest, nor does it interfere with one’s ability to perform one’s court duties. NACCA Ethics Training 2014 Slide 70

71 Code of Conduct for Judicial Employees in the State of Nevada Canon 4 (Political Activity) * Caution is urged with regard to the use of social media and political activity. * Judicial employees should consider impacts related to all canons with regard to social media and political activities. NACCA Ethics Training 2014 Slide 71

72 Code of Conduct for Judicial Employees in the State of Nevada Beware: (1) No website in Nevada to review published ethics opinions that deal specifically with court employees. For ethics opinions about judges: (2) No formal avenue to request ethics opinions for court staff, or to call for immediate guidance. (3) Only a handful of NV courts have in-house counsel. *** NACCA Ethics Training 2014 Slide 72

73 Act 2—“Intermediate Level” NACCA Ethics Training 2014 Slide 73

74 Game Show! NACCA Ethics Training 2014 Slide 74 Ethical or Unethical?

75 Question #1 Claire works as a “back-up” clerk in a local Justice Court. Her duties include filling in for other clerks when they are absent. One morning, the assigned clerk for Judge Earl Brent calls in sick, so Claire is asked to serve as the main courtroom clerk on that morning. NACCA Ethics Training 2014 Slide 75

76 Question #1 Midway through the morning, Judge Brent calls a case for trial. The defendant, Marty McFly, is charged with Sexual Assault against one of Claire’s best friends. The incident occurred at a party over the summer after Claire’s best friend had been drinking heavily. One of the issues in the case is whether Claire’s best friend consented to intercourse. NACCA Ethics Training 2014 Slide 76

77 Question #1 Claire was at that same party, and she saw Marty acting aggressively toward her best friend even though her best friend had repeatedly expressed a desire to avoid any romantic relationship. Claire had also seen her best friend stumbling around the living room after drinking too much. Claire had given a statement to police, but she had never been contacted by the State as a potential witness for Marty’s trial. NACCA Ethics Training 2014 Slide 77

78 Question #1 Upon realizing that Marty is the particular criminal defendant appearing for trial, Claire begins feeling anxiety about whether she should serve as the courtroom clerk for Marty’s case. Claire eventually decides not to interrupt the proceedings, especially because the State has not alerted Judge Brent to the fact that she could have been a potential witness, and because Marty has not recognized Claire in the courtroom. ? NACCA Ethics Training 2014 Slide 78

79 Answer to Question #1 UNETHICAL! NACCA Ethics Training 2014 Slide 79

80 Answer to Question #1 Rule 2.11 of the Nevada Code of Judicial Conduct (for Judges): (A) A judge shall disqualify himself or herself in any proceeding in which the judge’s impartiality might reasonably be questioned, including but not limited to the following circumstances: (1) The judge has... personal knowledge of facts that are in dispute in the proceeding. NACCA Ethics Training 2014 Slide 80

81 Answer to Question #1 Revised Code for Court Employees; Canon 1, Rule 1.5 (“Involvement in Actions Before a Court”) A judicial employee or a member of a judge’s personal staff shall inform the appointing authority of any circumstances or activity of the staff member that might serve as a basis for disqualification of either the staff member or the judge, in a matter pending before the court. *** NACCA Ethics Training 2014 Slide 81

82 Question #2 Later in that same morning, Claire is still serving as the courtroom clerk for Judge Brent. The last case called for trial is a Battery/DV case. Defendant’s attorney is Romeo Juliet, a notorious womanizer. NACCA Ethics Training 2014 Slide 82

83 Question #2 Romeo was also at the same party referenced in Question #1. At that time, he had flirted incessantly with Claire, but she simply was not interested in him. Romeo’s arrogant attitude and caveman views about women made Claire instantly dislike him, so she avoided him at the party and declined his subsequent “friend” request on Facebook on the day after the party. NACCA Ethics Training 2014 Slide 83

84 Question #2 Claire has not seen or heard from Romeo for about six months. Since that time, she became engaged and is now happy in a new relationship. She honestly hasn’t thought about Romeo in a very long time. NACCA Ethics Training 2014 Slide 84

85 Question #2 Upon seeing Romeo in the courtroom, Claire wonders whether she should inform Judge Brent about her prior interaction with Romeo. She decides not to do so because she has no lingering ill will toward Romeo, and she does not want to disrupt the trial with information that she considers irrelevant. ? NACCA Ethics Training 2014 Slide 85

86 Answer to Question #2 ETHICAL! NACCA Ethics Training 2014 Slide 86

87 Answer to Question #2 Rule 2.11 of the Nevada Code of Judicial Conduct (for Judges): (A) A judge shall disqualify himself or herself in any proceeding in which the judge’s impartiality might reasonably be questioned, including but not limited to the following circumstances: (1) The judge has “a personal bias or prejudice concerning a party or a party’s lawyer....” NACCA Ethics Training 2014 Slide 87

88 Answer to Question #2 Revised Code for Court Employees; Canon 1, Rule 1.5 (“Involvement in Actions Before a Court”) A judicial employee or a member of a judge’s personal staff shall inform the appointing authority of any circumstances or activity of the staff member that might serve as a basis for disqualification of either the staff member or the judge, in a matter pending before the court. NACCA Ethics Training 2014 Slide 88

89 Answer to Question #2 Prior dislike of an attorney does not necessarily rise to the level of a “bias” or “prejudice.” Claire has not thought about Romeo for several months, so she would be able to complete her courtroom duties without disruption. Judge Brent would not need to be notified about the brief interaction between Claire and Romeo because it has no bearing on the Battery/DV case. *** NACCA Ethics Training 2014 Slide 89

90 Question #3 Beverly Hills, a non-attorney, is the Criminal Division Administrator for your Court. John Freeman is a local constitutionalist who believes that he is a “sovereign citizen” and that Nevada’s criminal laws do not apply to him. NACCA Ethics Training 2014 Slide 90

91 Question #3 On a weekly basis, John has been sending lengthy letters to Judge Sylvester about why his DUI conviction should be set aside. The letters include archaic and bizarre references to the Uniform Commercial Code, the Magna Carta, and various treaties with other countries. NACCA Ethics Training 2014 Slide 91

92 Question #3 Judge Sylvester is sick and tired of dealing with these letters, so he asks Beverly to send a letter to John in her official capacity. Judge Sylvester asks Beverly to reference the fact that none of the legal authorities cited by John apply to his DUI case, and to inform John that no additional letters will be accepted by the Court. ? NACCA Ethics Training 2014 Slide 92

93 Answer to Question #3 UNETHICAL! NACCA Ethics Training 2014 Slide 93

94 Answer to Question #3 Concern #1: Canon 1 (Impropriety/Appearance of Impropriety), Rule 1.7 (“Assisting Litigants”): NACCA Ethics Training 2014 Slide 94

95 Answer to Question #3 “No person or entity described in this rule and not licensed to practice law in Nevada or being supervised by a Nevada licensed attorney may do any of the following:... D. Perform direct legal research for any litigant by applying the law to specific facts, expressing an opinion regarding the applicability of any constitutional provisions, statutes, administrative/court rules or case law to the particular circumstances of the requesting person.... NACCA Ethics Training 2014 Slide 95

96 Answer to Question #3 Concern #2: Jones v. Eighth Judicial Dist. Court, 130 Nev. Adv. Op. No. 53, 330 P.3d 475 (July 3, 2014): “Although Nevada does not have a specific vexatious- litigant statute, we conclude that the district courts have inherent authority to issue orders that restrict a litigant's filings that challenge a judgment of conviction and sentence if the court determines that the litigant is vexatious.” NACCA Ethics Training 2014 Slide 96

97 Answer to Question #3 Four Steps: (1) “The litigant must be provided reasonable notice of and an opportunity to oppose a restrictive order's issuance." (2) The Court “must create an adequate record for review that includes a list of the petitions or motions, or an explanation of the reasons, that led it to conclude that a restrictive order was needed to curb repetitive or abusive activities." NACCA Ethics Training 2014 Slide 97

98 Answer to Question #3 (3) "[T]he district court must make substantive findings as to the frivolous or harassing nature of the litigant's actions." The filings must be more than just repetitive or abusive— they must also be without an arguable legal or factual basis, or filed with the intent to harass.” (4) “[T]he order must: Be narrowly drawn to address the specific problem encountered; and Set an appropriate standard by which any future filings will be measured.” *** NACCA Ethics Training 2014 Slide 98

99 Question #4 Sally works in a court with a budget that has been cut dramatically in recent years. As a result, Sally’s court has been unable to purchase new items of office equipment for staff. Sally works at the customer-service window, and she has been experiencing back pain because her chair has become extremely lumpy and uncomfortable. NACCA Ethics Training 2014 Slide 99

100 Question #4 While shopping at the mall, a cashier asks Sally if she wants to “round up” her receipt from $31.40 to $32.00, with the extra 60 cents being used for a charitable donation for cancer research. The cashier explains that her store frequently utilizes this technique for various charitable causes. NACCA Ethics Training 2014 Slide 100

101 Question #4 Sally decides that she wants to implement a similar system at her customer-service window. Thus, whenever a customer’s amount due is an amount with change, Sally will ask the customer if he wants to “round up” the payment to the nearest dollar so that the excess money can be used to buy her a more comfortable chair. NACCA Ethics Training 2014 Slide 101

102 Question #4 Sally is one of the more popular cashiers in the court, so customers have been happily donating to Sally’s cause. The “rounding up” technique has generated approximately $50.00 over a two-week period. The money received from “rounding up” is being properly documented in the Court’s case- management system. NACCA Ethics Training 2014 Slide 102

103 Question #4 Moreover, Sally’s supervisor has authorized Sally to do this because: (1) The process does not affect the revenue received by the Court; (2) The amount received from the excess change is relatively small; and (3) Sally’s supervisor wants to avoid any medical issues from Sally sitting in a lumpy chair all day. ? NACCA Ethics Training 2014 Slide 103

104 Answer to Question #4 UNETHICAL! NACCA Ethics Training 2014 Slide 104

105 Answer to Question #4 Canon 3 (Outside Activities), Rule 3.3 (“Solicitation of Funds”): A. A judicial employee shall not use or permit the use of the prestige of the office in the solicitation of funds. NACCA Ethics Training 2014 Slide 105

106 Answer to Question #4 C. A judicial employee shall not solicit or accept funds from lawyers or other persons likely to come before the judicial employee or the court or office the judicial employee serves, except as an incident to a general fund-raising activity. “Care should be used with social media and fundraising in this manner also.” *** NACCA Ethics Training 2014 Slide 106

107 Question #5 Minnie the Court Administrator has just announced a new campaign for the holiday season. When employees get their first paycheck in December, they will be presented with a flyer which lists the names and descriptions of local charities that will be providing food and shelter to the homeless. NACCA Ethics Training 2014 Slide 107

108 Question #5 The flyer will announce that every employee can authorize a payroll deduction in December with the money being used to support the local charities. Donations are completely voluntary, and Minnie will not be notified about the names of the specific employees who authorize such donations. ? NACCA Ethics Training 2014 Slide 108

109 Answer to Question #5 ETHICAL! NACCA Ethics Training 2014 Slide 109

110 Answer to Question #5 Canon 3 (Outside Activities), Rule 3.3 (“Solicitation of Funds”): B. A judicial employee shall not solicit subordinates to contribute funds to any such activity but may provide information to them about a general fund-raising campaign. NACCA Ethics Training 2014 Slide 110

111 Answer to Question #5 Note: A member of the judge’s personal staff shall not solicit any court personnel to contribute funds to any such activity under circumstances where the staff member’s close relationship to the judge could reasonably be construed to give undue weight to the solicitation. *** NACCA Ethics Training 2014 Slide 111

112 Question #6 The number of people applying for TPO’s in your court has increased dramatically over the last year. The vast majority of cases are set for hearing, and applicants generally appear without an attorney. The judges in your court have expressed concern about the trauma faced by applicants who are attempting to pursue TPO actions on their own. NACCA Ethics Training 2014 Slide 112

113 Question #6 As a result, Minnie the Court Administrator has worked with the local Bar association to develop a process for pro-bono attorneys to assist applicants at TPO hearings. Whenever an applicant appears at the front counter to apply for a TPO, the clerk will provide the applicant with a handout. NACCA Ethics Training 2014 Slide 113

114 Question #6 The handout contains a list of all the attorneys who have contacted the Court and agreed to represent applicants at TPO hearings at no cost. Tom Tucker, a personal-injury attorney, calls the Court Administrator and argues that the Court is “endorsing” the 10 specific attorneys who are listed on the handout. ? NACCA Ethics Training 2014 Slide 114

115 Answer to Question #6 ETHICAL! NACCA Ethics Training 2014 Slide 115

116 Answer to Question #6 Canon 1 (Appearance of Impropriety), Rule 1.7 (“Assisting Litigants”): Nevada Supreme Court Rule 44 authorizes judicial employees to provide information to pro per litigants under certain circumstances. NACCA Ethics Training 2014 Slide 116

117 Answer to Question #6 Judicial employees who are employed by a governmental entity and working within a governmental environment (and who are not supervised by a licensed Nevada attorney) are authorized to do the following:... B. Provide information about available pro bono, free/low cost civil legal services, legal aid programs and lawyer referral services.... *** NACCA Ethics Training 2014 Slide 117

118 Question #7 One morning, while you are working at the Front Counter, a woman comes to your window and says that she wants to file a TPO against her ex-boyfriend who sexually assaulted her. The woman explains that she cannot fill out the TPO application because her ex- boyfriend injured her writing hand during the assault. NACCA Ethics Training 2014 Slide 118

119 Question #7 You decide to have the woman dictate the allegations to you so that you can write them down in the Application. You then sign the signature line in your own name and include a notation that the allegations were “dictated verbatim by Applicant.” ? NACCA Ethics Training 2014 Slide 119

120 Answer to Question #7 ETHICAL! NACCA Ethics Training 2014 Slide 120

121 Answer to Question #7 Canon 1 (Appearance of Impropriety), Rule 1.7 (“Assisting Litigants”): Court employees may:... D. Engage in oral communications to assist persons in the completion of blanks on forms. NACCA Ethics Training 2014 Slide 121

122 Answer to Question #7 Court employees may not:... C. Create content on documents not provided by self-represented litigants. *** NACCA Ethics Training 2014 Slide 122

123 Question #8 In response to the TPO application in Question #7, the Court issues a TPO against the applicant’s ex-boyfriend, Ross Geller. Ross later comes to your window and denies that he committed sexual assault against his ex- girlfriend. He demands specific information about the definition of sexual assault and the related TPO procedures. NACCA Ethics Training 2014 Slide 123

124 Question #8 You give him an informational packet prepared by your court administrator. The packet contains a cover page with the label “Information About Sexual Assault TPO’s.” The packet includes the following: NACCA Ethics Training 2014 Slide 124

125 Question #8 (1) A reprint of NRS which defines “sexual assault.” (2) A reprint of NRS which discusses the penalties and procedures relating to Sexual Assault TPO’s. (3) Standard forms for applying for, and contesting, such TPO’s. ? NACCA Ethics Training 2014 Slide 125

126 Answer to Question #8 ETHICAL! NACCA Ethics Training 2014 Slide 126

127 Answer to Question #8 Canon 1 (Appearance of Impropriety), Rule 1.7 (“Assisting Litigants”): Court employees may: E. Provide orally or in writing definitions of legal terminology from widely-accepted legal dictionaries or other dictionaries.... NACCA Ethics Training 2014 Slide 127

128 Answer to Question #8 Court employees may: F. Provide orally or in writing citations, constitutions, statutes, admin./court rules, and case law. NACCA Ethics Training 2014 Slide 128

129 Answer to Question #8 Court employees may not: A. Provide orally or in writing any interpretation by application of the following to specific facts: legal terminology, constitution, statutes, or administrative/court rules or case law.; NACCA Ethics Training 2014 Slide 129

130 Answer to Question #8 Court employees may not: D. Perform direct legal research for any litigant by applying the law to specific facts, OR expressing an opinion regarding the applicability of any constitutional provisions, statutes, administrative/court rules or case law to the particular circumstances of the requesting person. NACCA Ethics Training 2014 Slide 130

131 Answer to Question #8 Key: Court employees should not lead a customer to believe that they are the legal representatives of anyone in any capacity; and Court employees should not induce the public to rely on them for legal advice. *** NACCA Ethics Training 2014 Slide 131

132 Question #9 Susan Saint-Young is a law clerk for Judge Tara Gosa. Prior to her employment, Susan worked in the Criminal Division of the D.A.’s office and prosecuted Domestic-Violence cases. One day while Susan is prepping the calendar for Judge Gosa, Susan sees that a DV case involving Jake “the Snake” Pliskin is set for hearing in two days before Judge Gosa. NACCA Ethics Training 2014 Slide 132

133 Question #9 Susan remembers the case vividly because she interviewed three of the witnesses and went with police officers to the crime scene. After Susan got her job as a law clerk, another DA took over the case which is now set for trial before Judge Gosa. NACCA Ethics Training 2014 Slide 133

134 Question #9 Susan promptly informs Judge Gosa that she worked on the case during her time in the DA’s Office. Susan then says that she will only prepare a memo about the statutory penalties for DV based upon Snake’s prior record, without any reference to what Susan learned during her prior investigation. ? NACCA Ethics Training 2014 Slide 134

135 Answer to Question #9 UNETHICAL! NACCA Ethics Training 2014 Slide 135

136 Answer to Question #9 Canon 2 (Impartiality), Rule 2.1 (“Independent Judgment and Conflict of Interest”): A judicial employee shall avoid conflicts of interest in the performance of official duties. NACCA Ethics Training 2014 Slide 136

137 Answer to Question #9 A conflict of interest arises when a judicial employee knows that she might be so personally or financially affected by a matter that a reasonable person with knowledge of the relevant facts would question the judicial employee’s ability to properly perform official duties in an impartial manner. NACCA Ethics Training 2014 Slide 137

138 Answer to Question #9 (1) Certain judicial employees, because of their direct relationship to a judge or the nature of their duties, are subject to the following restrictions: (a) A staff attorney or law clerk shall not perform any official duties in any matter with respect to which such person knows that: NACCA Ethics Training 2014 Slide 138

139 Answer to Question #9 (i)He or she has a personal bias or prejudice concerning a party, or personal knowledge of disputed evidentiary facts concerning the proceeding; (ii)He or she served as an attorney or staff attorney in the matter in controversy,... or such lawyer has been a material witness. NACCA Ethics Training 2014 Slide 139

140 Answer to Question #9 (v) He or she has served in governmental employment and in such capacity participated as counsel, advisor, or material witness concerning the proceeding or has expressed an opinion concerning the merits of the particular case in controversy. NACCA Ethics Training 2014 Slide 140

141 Answer to Question #9 Other types of disqualification scenarios for law clerks: (1) The law clerks has a “financial interest in the subject matter in controversy. (2) The law clerk or the law clerk’s spouse is a party to the proceeding. (3) The law clerk is likely to be a material witness in the upcoming proceeding. (4) The law clerk’s spouse is acting as a lawyer in the proceeding. NACCA Ethics Training 2014 Slide 141

142 Answer to Question #9 Rule 2.1 contains similar, distinct sections which apply to: (1) A “judicial employee whose assignment with a particular judge is reasonably perceived as being comparable to a member of the judge’s personal staff.” Ex.: “Secretary, court clerk, or court reporter.” (2) “A probation or pretrial services officer who is a judicial employee.” *** NACCA Ethics Training 2014 Slide 142

143 Question #10 Months later, Judge Gosa presides over a high- profile DUI case involving Jack Hughman, a popular actor. Media interest in the case is intense, and after a two-day trial, Judge Gosa issues a lengthy written opinion. Later that night, Susan goes home and posts a copy of the opinion on her Facebook page. ? NACCA Ethics Training 2014 Slide 143

144 Answer to Question #10 ETHICAL! NACCA Ethics Training 2014 Slide 144

145 Answer to Question #10 Canon 2 (Impartiality), Rule 2.6 (“Confidentiality”) Any work product of the court that is not a matter of public record is confidential. NACCA Ethics Training 2014 Slide 145

146 Answer to Question #10 C. Judicial employees shall refrain from use of any social media to post confidential information including, but not limited to, * The likely outcome of a pending case; * Confidential case processing procedures, and * Other non-public information. Employees must also abide by any local court policy regarding social media. *** NACCA Ethics Training 2014 Slide 146

147 Question #11 Two years later, Susan applies for a job at the Attorney General’s Office and includes a copy of the Order from Question #10 as a writing sample. Susan does not ask Judge Gosa for permission because the Order has already been widely disseminated, and it was never confidential. NACCA Ethics Training 2014 Slide 147

148 Question #11 During her job interview, Susan explains to her potential employer that she wrote the entire section dealing with the applicability of certain DUI legislation to the defendant’s case. Susan also mentions that the Nevada Supreme Court praised Judge Gosa’s “excellent” legal reasoning in that particular section of the Order. ? NACCA Ethics Training 2014 Slide 148

149 Answer to Question #11 UNETHICAL! NACCA Ethics Training 2014 Slide 149

150 Answer to Question #11 Canon 2 (Impartiality), Rule 2.6 (“Confidentiality”) A. The work product of a former employee remains confidential. While a staff attorney may use a legal memorandum written by him or her as a writing sample, an opinion or an order, either in draft or final form, may not be used as a writing sample or claimed by a former employee as his or her work product. A law clerk must first obtain the approval of his or her judge before using any legal memorandum as a writing sample. NACCA Ethics Training 2014 Slide 150

151 Answer to Question #11 B. A law clerk or staff attorney shall not disclose to persons who are not employees of the court the extent of his or her involvement in the decision-making process of any specific matter or proceeding. *** NACCA Ethics Training 2014 Slide 151

152 Question #12 Adam Shelton works in the Criminal Division of the Las Vegas Justice Court as a Records Technician. Adam has a rental property in Las Vegas and serves as landlord. After his tenants stop paying rent, Adam files a Summary-Eviction action against them in the Las Vegas Justice Court. NACCA Ethics Training 2014 Slide 152

153 Question #12 The Court schedules a hearing on the Summary-Eviction for Friday morning. Adam fills out a leave slip for Friday morning and then appears before the judge who is assigned to preside over Civil cases. Adam presents his case to the judge and then obtains a Summary-Eviction Order against his tenants. ? NACCA Ethics Training 2014 Slide 153

154 Answer to Question #12 ETHICAL! NACCA Ethics Training 2014 Slide 154

155 Answer to Question #12 Canon 3 (Outside Activities), Rule 3.2(A) (“Practice of Law”) * A judicial employee may act “pro se.” * A judicial employee may perform routine legal work incident to the management of the personal affairs of the judicial employee or a member of the judicial employee’s family.... NACCA Ethics Training 2014 Slide 155

156 Answer to Question #12 s o long as such pro se or family work * does not present an appearance of impropriety; * does not take place while on duty or in the judicial employee’s workplace; * and does not interfere with the judicial employee’s primary responsibility to the office in which the judicial employee serves. *** NACCA Ethics Training 2014 Slide 156

157 Question #13 Bobby Zarcone is a law clerk for Judge John Johnson. Prior to his employment with Judge Johnson, Bobby worked for two different law firms. When those law firms appeared before Judge Johnson, Bobby informed him promptly to avoid any potential conflicts. NACCA Ethics Training 2014 Slide 157

158 Question #13 Bobby has decided to seek other employment because he needs more money, but he feels guilty about leaving Judge Johnson after so many years. Last week, Bobby had an interview with the law firm of Dewey, Cheatem, and Howe. NACCA Ethics Training 2014 Slide 158

159 Question #13 The firm told Bobby that they had several applicants to interview, and that the hiring process would be completed in about a month. A few days after the interview, the firm has a case scheduled before Judge Johnson. Bobby decides not to mention the interview to Judge Johnson because no hiring decision has been made. ? NACCA Ethics Training 2014 Slide 159

160 Question #13 UNETHICAL! NACCA Ethics Training 2014 Slide 160

161 Answer to Question #13 Canon 3 (Outside Activities), Rule 3.2(A) (“Post-Employment Restrictions”) During judicial employment, a law clerk or staff attorney may seek and obtain employment to commence after the completion of the judicial employment. However, the law clerk or staff attorney shall first consult with the appointing authority and observe any restrictions imposed by the appointing authority. NACCA Ethics Training 2014 Slide 161

162 Answer to Question #13 If any law firm, lawyer, or entity with whom a law clerk or staff attorney: * has been employed; or * is seeking; or * has obtained future employment appears in any matter pending before the appointing authority, the law clerk or staff attorney shall promptly bring this fact to the attention of the appointing authority. *** NACCA Ethics Training 2014 Slide 162

163 Question #14 Minnie the Court Administrator receives a call from Lewis Lipps, a local attorney who donated $10, to the County for courtroom renovations. Lewis tells Minnie that his runners are spending a great deal of time waiting in line during peak hours to file his firm’s eviction cases. NACCA Ethics Training 2014 Slide 163

164 Question #14 Minnie agrees to allow his runners to appear in the lobby 30 minutes before the Court’s official hours of operation. The supervisor will let the runners in and process their paperwork before the lobby opens to the general public. Minnie decides that if other attorneys request similar treatment, she will simply change the office hours to 30 minutes earlier for everyone. ? NACCA Ethics Training 2014 Slide 164

165 Answer to Question #14 UNETHICAL! NACCA Ethics Training 2014 Slide 165

166 Answer to Question #14 Canon 1 (Impropriety and Appearance of Impropriety), Rule 1.3. Fairness A judicial employee shall diligently discharge the responsibilities of the office in a prompt, efficient, nondiscriminatory, fair, and professional manner. NACCA Ethics Training 2014 Slide 166

167 Answer to Question #14 Rule 1.6. Avoiding Privilege A judicial employee shall never influence the assignment of cases, or perform any discretionary or ministerial function of the court in a manner that improperly favors any litigant or attorney, nor shall a judicial employee imply that he or she is in a position to do so. *** NACCA Ethics Training 2014 Slide 167

168 Question #15 Howard Sheldon and Amy Leonard are two co-workers in the Traffic Division of your Court. For the last six months, Amy has observed two strange things going on with Howard. NACCA Ethics Training 2014 Slide 168

169 Question #15 (1)Howard has been processing a higher number of “voids” than usual when working with cash; and (2) Howard has been secretly updating the case-management system to reflect that his friends’ traffic tickets were amended to “illegal parking” and fully paid. NACCA Ethics Training 2014 Slide 169

170 Question #15 Howard realizes that Amy is “on to him,” so he approaches her and promises her that he will stop all of his shenanigans. Howard offers Amy $ for her to keep silent, but she refuses the money and just tells him to get his act together. NACCA Ethics Training 2014 Slide 170

171 Question #15 Howard then ceases his crazy conduct, and everything goes back to normal. In fact, Howard even gets a glowing performance evaluation from his supervisor after these events occurred. A few months later, Howard’s supervisor discovers Howard’s misconduct during a routine audit, and Howard is eventually fired. NACCA Ethics Training 2014 Slide 171

172 Question #15 Amy decides that she does not need to report anything about Howard to her supervisor because the supervisor already figured out everything that Howard did. Assume that Howard’s conduct was unethical. What about Amy’s conduct? ? NACCA Ethics Training 2014 Slide 172

173 Answer to Question #15 UNETHICAL! NACCA Ethics Training 2014 Slide 173

174 Answer to Question #15 Howard’s Conduct: Canon 2 (Impartiality/Diligence) Rule 2.5 (“Properly Maintain Records”) A judicial employee shall not falsify records or reports or intentionally delete or alter information. This includes, but is not limited to, inappropriately destroying, altering, falsifying, mutilating, backdating, or failing to make required entries on any records within the court’s control. NACCA Ethics Training 2014 Slide 174

175 Answer to Question #15 Canon 1 (Impropriety/Appearance of Impropriety) Rule 1.2: A. A judicial employee shall respect and comply with the law and these canons. * Likely theft of funds from Howard’s cash drawer. NACCA Ethics Training 2014 Slide 175

176 Answer to Question #15 Amy’s Conduct: Canon 2 (Impartiality/Diligence) Rule 2.3 (“Misconduct of Others”) A judicial employee should expect fellow professionals to abide by the canons set out in the code. NACCA Ethics Training 2014 Slide 176

177 Answer to Question #15 A judicial employee shall report to the appropriate authority the behavior of any judicial employee who violates this code including, but not limited to, * potential conflicts of interest involving one’s duties; and * attempts to inappropriately influence one in performing one’s duties. NACCA Ethics Training 2014 Slide 177

178 Answer to Question #15 Rule 2.4. Attempts at Influence A judicial employee shall immediately report to the appropriate authority any attempt to compel one to violate these canons. *** NACCA Ethics Training 2014 Slide 178

179 Question #16 Jenny works in the Data Entry Division of your court. Recently, Jenny joined a new website called TrueLuv.com in her search for the perfect man. Whenever a man is interested in Jenny, the site forwards to her work account a notification, along with a message from the man. NACCA Ethics Training 2014 Slide 179

180 Question #16 Every day at 5:00, at the end of her shift, Jenny stays late at her desk and s the men back from her work computer. If she receives a particularly racy message from a potential suitor, Jenny will simply delete the message and move on to the next one. ? NACCA Ethics Training 2014 Slide 180

181 Answer to Question #16 UNETHICAL! NACCA Ethics Training 2014 Slide 181

182 Answer to Question #16 Canon 2 (Impartiality/Diligence) Rule 2.8. Proper Use of Public Resources A judicial employee shall use the resources, property, and funds under one’s official control judiciously and in accordance with prescribed procedures. NACCA Ethics Training 2014 Slide 182

183 Answer to Question #16 Canon 3 (Outside Activities) Rule 3.1 (“Outside Business”) Engaging in outside activities, a judicial employee shall avoid the risk of conflict with official duties, shall avoid the appearance of impropriety, and shall comply with the disclosure requirements. NACCA Ethics Training 2014 Slide 183

184 Answer to Question #16 A judicial employee’s activities outside of official duties shall not: * detract from the dignity of the court, * interfere with the performance of official duties, or * adversely reflect on the operation and dignity of the court or office the judicial employee serves. *** NACCA Ethics Training 2014 Slide 184

185 Question #17 Sam Malone is the secretary for Judge Jack Jackson. Sam has many Facebook friends who like to follow his stories about the Court. One day, Sam posts the following information about a high-profile case involving rapper “Kanye East”: NACCA Ethics Training 2014 Slide 185

186 Question #17 “Kanye’s Preliminary Hearing will occur before Judge Jackson on November 7, 2014, at 8:30 AM.” “Richard Rich has confirmed as counsel for Kanye.” “Kanye is charged with Battery/DV, Theft, and Trespassing.” NACCA Ethics Training 2014 Slide 186

187 Question #17 “Channel 8 will provide a live feed of the Preliminary Hearing on its website.” “Kanye’s attorney has filed a Motion to Dismiss based upon his assertion that the arresting officers did not have a search warrant when they entered his residence.” “The Motion will be ruled upon during the upcoming Preliminary Hearing.” ? NACCA Ethics Training 2014 Slide 187

188 Answer to Question #17 ETHICAL! NACCA Ethics Training 2014 Slide 188

189 Answer to Question #17 Canon 2 (Impartiality/Diligence) Rule 2.7 (“Maintain Discretion”) A judicial employee shall avoid making public comment on the merits of a pending or impending action and shall require similar restraint by personnel subject to the judicial employee’s direction and control. NACCA Ethics Training 2014 Slide 189

190 Answer to Question #17 This proscription does not extend to public statements made in the course of official duties or to the explanation of court procedures. A judicial employee shall never disclose any confidential information received in the course of official duties except as required in the performance of such duties, nor shall a judicial employee employ such information for personal gain. NACCA Ethics Training 2014 Slide 190

191 Answer to Question #17 A former judicial employee shall observe the same restrictions on disclosure of confidential information that apply to a current judicial employee, except as modified by the appointing authority. “These limitations include social media.” *** NACCA Ethics Training 2014 Slide 191

192 Question #18 Minnie the Court Administrator is interviewing candidates for a new executive assistant. Mark O’Polo, her daughter’s husband, applies for the position. After the interviews are completed, Minnie hires Mark because he is, by far, the most qualified person for the position. ? NACCA Ethics Training 2014 Slide 192

193 Answer to Question #18 UNETHICAL! NACCA Ethics Training 2014 Slide 193

194 Answer to Question #18 Canon 2 (Impartiality/Diligence) Rule 2.2 (“Personal Relationships”) A judicial employee shall not engage in nepotism prohibited by law or local rule. When a judicial employee knows that a conflict of interest may be presented, the judicial employee shall promptly inform his or her appointing authority. NACCA Ethics Training 2014 Slide 194

195 Answer to Question #18 The appointing authority, after determining that a conflict or the appearance of a conflict of interest exists, shall take appropriate steps to restrict the judicial employee’s performance of official duties in such matter so as to avoid a conflict or the appearance of a conflict of interest. A judicial employee shall observe any restrictions imposed by his or her appointing authority in this regard. NACCA Ethics Training 2014 Slide 195

196 Answer to Question #18 Where circumstances dictate that one must work directly with a family member, a judicial employee shall: (1) Report the circumstances to an appropriate authority; (2) Regularly assess the situation; (3) Take any needed remedial action at the earliest time practicable. *** NACCA Ethics Training 2014 Slide 196

197 Question #19 Robert Uppey, Jr., is charged with the new crime of “Unlawful Recording of a Movie in a Theater.” His attorney argues that Robert cannot be convicted of the crime because the offense occurred before the effective date of the new law. NACCA Ethics Training 2014 Slide 197

198 Question #19 Judge Jackson’s law clerk prepares a memo about the new law, and the memo includes a specific conclusion about when the new law became effective. Judge Jackson’s secretary receives a call from the prosecutor who is asking for a copy of the memo. NACCA Ethics Training 2014 Slide 198

199 Question #19 The secretary reviews the memo and sees that it contains absolutely no reference to Robert or to the specific facts of Robert’s case. Thus, the secretary s a copy of the memo to the prosecutor. In order to avoid the appearance of ex parte communication, the secretary also s a copy of the memo to Robert’s attorney. ? NACCA Ethics Training 2014 Slide 199

200 Answer to Question #19 UNETHICAL! NACCA Ethics Training 2014 Slide 200

201 Answer to Question #19 Canon 2 (Impartiality/Diligence) Rule 2.6 (“Confidentiality”) Judicial employees shall take special care to preserve the confidentiality of the court’s work product. NACCA Ethics Training 2014 Slide 201

202 Answer to Question #19 Work product includes, but is not limited to: (1) Legal memoranda; (2) Preliminary dispositions; and (3) Discussions of pending court matters by a judge, law clerk, clerk’s office staff attorney, or court employee. NACCA Ethics Training 2014 Slide 202

203 Answer to Question #19 Work product also includes: (1) Legal research performed by the law library staff for the court; and (2) Administrative matters such as preliminary budget discussions. Any work product of the court that is not a matter of public record is confidential. *** NACCA Ethics Training 2014 Slide 203

204 Question #20 Perry Sharris is the Division Administrator for the Traffic Division. Throughout the year, Perry has provided excellent customer service to the attorneys who come to Court for special “bulk” sessions. NACCA Ethics Training 2014 Slide 204

205 Question #20 In early December, one grateful attorney offers Perry a pair of tickets to see Shania Twain in concert at Caesar’s Palace. Perry says that her Court has a policy which prevents her from accepting gifts from attorneys and customers. Nevertheless, Perry says that the attorney can drive to Perry’s house and give the tickets to her two teen daughters who are huge fans of country music. ? NACCA Ethics Training 2014 Slide 205

206 Answer to Question #20 UNETHICAL! NACCA Ethics Training 2014 Slide 206

207 Answer to Question #20 Canon 3 (Outside Activities) Rule 3.3 (“Solicitation of Funds and Avoiding Gifts”) NACCA Ethics Training 2014 Slide 207

208 Answer to Question #20 A judicial employee shall not solicit or accept a gift * from anyone seeking official action from or doing business with the court or other entity served by the judicial employee, or * from anyone whose interests may be substantially affected by the performance or nonperformance of official duties, except that a judicial employee may accept a gift as permitted by local rule or procedure. NACCA Ethics Training 2014 Slide 208

209 Answer to Question #20 A judicial employee shall endeavor to prevent a member of a judicial employee’s family residing in the household from soliciting or accepting any such gift except to the extent that a judicial employee would be permitted to do so by local rule or procedure. NACCA Ethics Training 2014 Slide 209

210 Answer to Question #20 A judicial employee shall report the value of gifts to the extent a report is required by: * other applicable law, * local rule, or * procedure. NACCA Ethics Training 2014 Slide 210

211 Answer to Question #20 Special Note: The Code of Conduct contains special provisions about gifts for judges. Similar exceptions do not appear in the Model Code for Court Employees. NACCA Ethics Training 2014 Slide 211

212 Answer to Question #20 Code of Judicial Conduct: Rule (Examples) A judge may accept the following: (1) Items with little intrinsic value, such as plaques, certificates, trophies, and greeting cards; (2) Ordinary social hospitality; NACCA Ethics Training 2014 Slide 212

213 Answer to Question #20 (3) Scholarships, fellowships, and similar benefits or awards, if they are available to similarly situated persons who are not judges, based upon the same terms and criteria; and (4) Books, magazines, journals, audiovisual materials, and other resource materials supplied by publishers on a complimentary basis for official use.... *** NACCA Ethics Training 2014 Slide 213

214 Question #21 Every Thursday, the Nevada Supreme Court releases new published opinions. When that occurs, Staff Attorney Thomas Ino reviews each opinion, identifies the major legal issues, and prepares a synopsis for his judges. Thomas then forwards the synopses to his judges and various other court representatives who appear on his list. NACCA Ethics Training 2014 Slide 214

215 Question #21 One day, Thomas receives a telephone call from the office manager of the law office for one of the pro-tem judges who appears on the list. The caller tells Thomas that the synopses are very helpful, and she says that she wants to add other attorneys in the office to the list. The caller then offers to pay Thomas a small fee of $50.00 per month for the service, and Thomas accepts the offer. ? NACCA Ethics Training 2014 Slide 215

216 Answer to Question #21 UNETHICAL! NACCA Ethics Training 2014 Slide 216

217 Answer to Question #21 Canon 3 (Outside Activities) Rule 3.2 (“Compensation....”) (General Rule) B. Compensation and Reimbursement. A judicial employee may receive compensation and reimbursement of expenses for outside activities provided that receipt of such compensation and reimbursement is not prohibited or restricted by this Code, and other applicable law,.... NACCA Ethics Training 2014 Slide 217

218 Answer to Question #21....provided that the source or amount of such payments does not influence or give the appearance of influencing the judicial employee in the performance of official duties or otherwise give the appearance of impropriety. NACCA Ethics Training 2014 Slide 218

219 Answer to Question #21 Notwithstanding the above, a judicial employee shall not receive any salary, or any supplementation of salary, as compensation for official government services from any source other than by a governmental entity. NACCA Ethics Training 2014 Slide 219

220 Answer to Question #21 Exception: Court reporters are not prohibited from receiving compensation for reporting services to the extent permitted by statute and by the court. (NRS 3.370: Official reporter: Compensation”) *** NACCA Ethics Training 2014 Slide 220

221 Question #22 Dina Campbell has been a Court Administrator for many years, and she is widely known as one of the pioneers in the area of Court Administration in Nevada. One day, a UNLV representative contacts Dina and asks her if she would be willing to serve as a guest lecturer for one week in a class attended by night students. NACCA Ethics Training 2014 Slide 221

222 Question #22 The weeklong segment would be called “Introduction to Court Practice and Procedure” and would focus on how court filings are processed and managed by Dina’s court. Dina would also provide humorous anecdotes about high-profile cases and would address “pet peeves” that judges have about inexperienced attorneys. ? NACCA Ethics Training 2014 Slide 222

223 Answer to Question #22 ETHICAL! NACCA Ethics Training 2014 Slide 223

224 Answer to Question #22 Canon 3 (Outside Activities) Rule 3.1 (“Outside Business”) “[A] judicial employee may engage in such activities as: civic, charitable, religious, professional, educational, cultural, avocational, social, fraternal, and recreational activities, and may speak, write, lecture, and teach.” NACCA Ethics Training 2014 Slide 224

225 Answer to Question #22 Caution should be used with regard to social media and these activities. If such outside activities concern the law, the legal system, or the administration of justice, the judicial employee shall first consult with the appointing authority to determine whether the proposed activities are consistent with the foregoing standards and the other provisions of this Code. *** NACCA Ethics Training 2014 Slide 225

226 Question #23 * A customer comes to the counter and says that she does not understand why she is being sued or how to respond. * She also states that she has insufficient income to hire an attorney. * The counter employee encourages the customer to contact a paralegal from the phone book, in order to get cheaper legal advice. ? NACCA Ethics Training 2014 Slide 226

227 Answer to Question #23 UNETHICAL! NACCA Ethics Training 2014 Slide 227

228 Answer to Question #23 Canon 1 (Impropriety/Appearance of Impropriety) Rule 1.7 (“Assisting Litigants”) Judicial employees who are employed by a governmental entity and working within a governmental environment and who are not supervised by a licensed Nevada attorney are authorized to do the following: NACCA Ethics Training 2014 Slide 228

229 Answer to Question #23 A. Encourage persons to obtain legal advice from a licensed Nevada attorney outside of the qualifying public entity; B. Provide information about available pro bono, free/low cost civil legal services, legal aid programs and lawyer referral services. Paralegals cannot give legal advice! *** NACCA Ethics Training 2014 Slide 229

230 Question #24 Minnie the Court Administrator is about to start the Court’s annual “Salvation Army” charitable initiative, in which employees can authorize payroll deductions for that charity. As a part of this initiative, Minnie and the Chief Judge decide to implement a new procedure for criminal cases: NACCA Ethics Training 2014 Slide 230

231 Question #24 (1)For first-time offenders in misdemeanor cases, judges will allow defendants to make a charitable contribution of $ to the Salvation Army in lieu of a fine. (2)If the defendant shows proof of the contribution, the case will be dismissed. (3) The judge will only perform the above steps if the assigned DA and the assigned Defense Counsel all stipulate to the arrangement. ? NACCA Ethics Training 2014 Slide 231

232 Answer to Question #24 UNETHICAL! NACCA Ethics Training 2014 Slide 232

233 Answer to Question #24 State of Nevada Standing Commission on Judicial Ethics, Opinion # “[We recognize] that the intentions of judges in ordering or approving plea bargain agreements, sentencing alternatives, or sanction orders requiring that a party or attorney make a charitable contribution may be well intentioned and that worthy causes and programs may obtain funding through such methods that they might not otherwise receive.” NACCA Ethics Training 2014 Slide 233

234 Answer to Question #24 “Strongly weighing against these well- intentioned goals, however, is the concern for an impartial judicial system and the basic instruction provided by [the Code of Judicial Conduct] that judges may not personally participate in the solicitation of funds, or other fund-raising activities.” NACCA Ethics Training 2014 Slide 234

235 Answer to Question #24 “Therefore, in the absence of any statute, rule, or canon that authorizes judges to order or approve charitable contributions as part of the resolution of a criminal... proceeding, it is the opinion of the Committee that judges may not order or approve charitable contributions to public or private charities as part of a sentence or plea agreement in a criminal case....” *** NACCA Ethics Training 2014 Slide 235

236 Question #25 The Las Vegas Justice Court has a division of employees who work at the “Neighborhood Justice Center.” Malcolm Green is one of the mediators, and he mediates small-claims cases, civil cases, and TPO cases filed in the Court. NACCA Ethics Training 2014 Slide 236

237 Question #25 On the weekends, Malcolm works as a mediator for a non-profit organization called “Assisting Families in Crisis.” The mediations involve issues which arise in Family Court, such as the following: NACCA Ethics Training 2014 Slide 237

238 Question #25 (1) Helping spouses to draft reasonable agreements for child visitation; (2) Helping addict parents reconnect with their abused children after drug/alcohol treatment; and (3) Helping spouses save their marriage after one spouse has been unfaithful. NACCA Ethics Training 2014 Slide 238

239 Question #25 Malcolm merely volunteers for “Assisting Families in Crisis.” He does these mediations because of his strong community involvement and commitment to families. Moreover, he does not receive any fees or salary for his services. ? NACCA Ethics Training 2014 Slide 239

240 Answer to Question #25 ETHICAL! NACCA Ethics Training 2014 Slide 240

241 Answer to Question #25 Canon 3 (Outside Activities) Rule 3.2 (“Compensation....”) “Judicial employees may... serve as uncompensated mediators or arbitrators for nonprofit organizations, subject to the standards applicable to pro bono practice of law... and the other provisions of this Code.” NACCA Ethics Training 2014 Slide 241

242 Answer to Question #25 Examples: (1) The work cannot involve the entry of an appearance in a court case; (2) The work also cannot involve: * A “matter of public controversy”; * “An issue likely to come before the judicial employee’s court”; or * “Litigation against federal, state, or local government.” controversy” NACCA Ethics Training 2014 Slide 242

243 Answer to Question #25 The proposed work must be “reviewed in advance with the appointing authority to determine whether the proposed services are consistent with the foregoing standards and the other provisions of this Code.” *** NACCA Ethics Training 2014 Slide 243

244 Question #26 Minnie is the Court Administrator in the local Family Court. Thomas Magnum is an attorney who regularly represents clients in that Court. NACCA Ethics Training 2014 Slide 244

245 Question #26 Magnum’s law office has created a search- engine product that provides “a fully searchable electronic database of summaries and full text for all relevant Family-Law cases in Nevada” (similar to Lexis and Westlaw). NACCA Ethics Training 2014 Slide 245

246 Question #26 Magnum advertises, manages, and sells the database for profit. He generally markets the database to attorneys who practice Family Law. However, Minnie purchases the database for use by the judges in her court. ? NACCA Ethics Training 2014 Slide 246

247 Answer to Question #26 ETHICAL! NACCA Ethics Training 2014 Slide 247

248 Answer to Question #26 State of Nevada, Standing Committee on Judicial Ethics, Opinion #JE (June 4, 2014) * “No rule explicitly prohibits a judge or court from purchasing and using a case law research reference tool that is available to the public and which provides objective summaries of published case law.” NACCA Ethics Training 2014 Slide 248

249 Answer to Question #26 “The Committee does not believe the mere purchase or use of a legal research tool which is available for purchase or use by other attorneys and the public at large presents any issue of bias or conflict of interest under the Canons.” NACCA Ethics Training 2014 Slide 249

250 Answer to Question #26 No different than using: * The Nevada Civil Practice Manual * A treatise * A journal article * Seminar materials * Or other published opinion prepared by an attorney. “It is but one arrow in the quiver of research tools available to the Court.” *** NACCA Ethics Training 2014 Slide 250

251 Question #27 Minnie is so impressed by the database referenced in Question #26 that she sends a letter to Magnum praising the product for improving the quality of judicial decisions. Magnum asks Minnie if he can include quotes from her letter in an ad to be published in the Nevada Lawyer magazine for attorneys. Minnie agrees, and the specific quotes are presented verbatim in the magazine. ? NACCA Ethics Training 2014 Slide 251

252 Answer to Question #27 UNETHICAL! NACCA Ethics Training 2014 Slide 252

253 Answer to Question #27 Opinion #JE14-002: “The Committee cautions that the judge should avoid any issues of endorsing the database product, as affirmative endorsements of the product could raise issues under [the Code of Judicial Conduct].” NACCA Ethics Training 2014 Slide 253

254 Answer to Question #27 Revised Model Code, Canon 1, Rule 1.2 (Impropriety/Appearance of Impropriety): “A judicial employee shall refrain from publicly endorsing any product or service in their official capacity, including through social media.” *** NACCA Ethics Training 2014 Slide 254

255 Question #28 Judge Walker Ranger is the only justice of the peace in a small rural court in the tiny town of Tumbleweed in northeastern Nevada. Only a handful of attorneys live in Tumbleweed. Most of the attorneys who appear in the court either drive hundreds of miles to get there, or they appear via videoconference. NACCA Ethics Training 2014 Slide 255

256 Question #28 Yesterday, Judge Ranger learned that his mother is very ill, and that she will require him to take her to doctor’s appointments and to provide medical care on a regular basis in California. Thus, Judge Ranger decides that he can only work on Mondays and Tuesdays of each week for the next six months. NACCA Ethics Training 2014 Slide 256

257 Question #28 By sheer coincidence, his court administrator, Linda March, has been licensed to practice law in Nevada for about a decade. Judge Ranger decides to appoint Linda as a Justice of the Peace Pro Tempore so Linda can fill in for him regularly during his upcoming absences. ? NACCA Ethics Training 2014 Slide 257

258 Answer to Question #28 ETHICAL! NACCA Ethics Training 2014 Slide 258

259 Answer to Question #28 State of Nevada, Standing Committee on Judicial Ethics, Opinion #JE (November 19, 2013) “The Committee found no rule which explicitly prohibits a Court employee from serving as a pro tempore judge.... NACCA Ethics Training 2014 Slide 259

260 Answer to Question #28 However, given the obligations to insure that appointments promote public confidence in the independence, integrity, and impartiality of the judiciary, judges should avoid such appointments where possible “and where the number of qualified candidates makes appointment of Court personnel unnecessary.” NACCA Ethics Training 2014 Slide 260

261 Answer to Question #28 “Where the pool of qualified applicants is of sufficient number that such appointments can be avoided, they should be.” “The Committee recognizes that in some rural jurisdictions, Court employees may be the only qualified applicants and such appointments may occur out of necessity.” *** NACCA Ethics Training 2014 Slide 261

262 Question #29 You were recently appointed as the Court Administrator for your Court. Bob “the Builder” Davis is the former project manager on your Court’s recent construction project. Bob made sure that the project was completed on time, and under budget, resulting in gorgeous and impressive enhancements to your courthouse. NACCA Ethics Training 2014 Slide 262

263 Question #29 One day, your Chief Judge approaches you and asks you whether she should provide a generalized “To Whom It May Concern” letter of recommendation for Bob based on her personal knowledge of Bob’s work performance. She also wants to print the letter of recommendation on her judicial stationery. ? NACCA Ethics Training 2014 Slide 263

264 Answer to Question #29 ETHICAL! NACCA Ethics Training 2014 Slide 264

265 Answer to Question #29 State of Nevada, Standing Committee on Judicial Ethics, Opinion #JE (September 25, 2012) “The Nevada Code of Judicial Conduct allows judges to provide recommendations or references for an individual based upon the judge’s personal knowledge.” NACCA Ethics Training 2014 Slide 265

266 Answer to Question #29 “Such recommendations may be provided on official court letterhead so long as the judge indicates that the reference is personal and there is no likelihood that the use of the letterhead would reasonably be perceived as an attempt to exert pressure through the judicial office.” *** NACCA Ethics Training 2014 Slide 266

267 Question #30 Vanna Vasquez works in the Pretrial Services Division of your Court. In this capacity, she has access to certain information relating to inmates who are booked at the jail. She also has access to inmate mugshots which are commonly forwarded to local papers and other news outlets. NACCA Ethics Training 2014 Slide 267

268 Question #30 Anna develops a subscription website called “Attractive Inmates.Com” where she posts mugshots of handsome male inmates along with humorous taglines like: * “This one stole my heart.” * “I just FELON love.” * “Can I have his CELL number?” ? NACCA Ethics Training 2014 Slide 268

269 Answer to Question #30 UNETHICAL! NACCA Ethics Training 2014 Slide 269

270 Answer to Question #30 Canon 3 (Outside Activities) Rule 3.2 (“Compensation....”) A judicial employee shall refrain from outside financial and business dealings that tend to: * adversely affect court operations, * detract from the dignity of the court, NACCA Ethics Training 2014 Slide 270

271 Answer to Question #30 interfere with the proper performance of official duties, exploit the position, or associate the judicial employee in a substantial financial manner with lawyers or other persons likely to come before the judicial employee or the court or office the judicial employee serves. *** AND THE WINNER IS…. NACCA Ethics Training 2014 Slide 271

272 Bonus Question (for all) Hypothetically, what if my court administrator had donated the money to pay for these gift cards from the Las Vegas Justice Court’s fund for “administrative assessments”? NACCA Ethics Training 2014 Slide 272

273 Answer to Bonus Question Probably UNETHICAL. NRS (7): 7. The money apportioned to a juvenile court, a justice court or a municipal court pursuant to this section must be used... to improve the operations of the court.... Money used to improve the operations of the court may include expenditures for:(a) Training and education of personnel.... * Windfall to the volunteers vs. necessary expense. *** NACCA Ethics Training 2014 Slide 273

274 Act 3—“Advanced Level” NACCA Ethics Training 2014 Slide 274

275 Ethics Role-Playing: Hypotheticals That Are Directed at YOU. NACCA Ethics Training 2014 Slide 275

276 Ethics Role-Playing * For each scenario, consider the following: (1) What ethical issues are presented? (2) What is the best way to address them? NACCA Ethics Training 2014 Slide 276

277 Scenario #1 “Hot Times in Hawaii” *** NACCA Ethics Training 2014 Slide 277

278 Scenario #1 Question #1: Does Claire have to report the fact that she was arrested for DUI while on vacation? NACCA Ethics Training 2014 Slide 278

279 Scenario #1 NACM Model Code of Conduct for Court Professionals: Canon Involvement in Actions Before a Court A court professional shall notify the appropriate authority whenever he or she, anyone in his or her family, or anyone with whom he or she has a close personal relationship has been arrested, named as a party, or is otherwise formally involved in any action pending in any court. NACCA Ethics Training 2014 Slide 279

280 Scenario #1 * Nevada’s Model Code of Conduct for Judicial Employees does not contain a similar provision! * Doesn’t the DUI arrest of a court employee create the appearance of impropriety because it discourages respect for the law? NACCA Ethics Training 2014 Slide 280

281 Scenario #1 Question #2 * Am I as the supervisor acting unethically by spreading gossip to my subordinates? Yes. NACCA Ethics Training 2014 Slide 281

282 Scenario #1 Canon 1 (Impropriety/Appearance Of) Rule 1.4 Respect of Others A judicial employee shall be patient, dignified, respectful, and courteous to all persons with whom the judicial employee deals in an official capacity, including the public, and shall require similar conduct of personnel subject to the judicial employee’s direction and control. NACCA Ethics Training 2014 Slide 282

283 Scenario #1 Question #3 Is Claire acting unethically by having an affair with her judge? Rule 1.1: “A judicial employee shall personally observe high standards of conduct so that the integrity and independence of the judiciary are preserved.” NACCA Ethics Training 2014 Slide 283

284 Scenario #1 Rule 1.2: “A judicial employee shall not allow family, social, or other relationships to influence official conduct or judgment.” Rule 2.1: “A judicial employee shall avoid conflicts of interest in the performance of official duties.” NACCA Ethics Training 2014 Slide 284

285 Scenario #1 Question #4 Is Judge Jackson violating the Nevada Code of Judicial Conduct by having a romantic relationship with his courtroom clerk? NACCA Ethics Training 2014 Slide 285

286 Scenario #1 Rule 1.2 (Code of Judicial Conduct): “A judge shall act at all times in a manner that promotes public confidence in the independence, integrity, and impartiality of the judiciary and shall avoid impropriety and the appearance of impropriety.” Rule 2.4 (Code of Judicial Conduct): “A judge shall not permit family, social, political, financial, or other interests or relationships to influence the judge’s judicial conduct or judgment.” *** NACCA Ethics Training 2014 Slide 286

287 Scenario #2 “Sarah’s Second Job” *** NACCA Ethics Training 2014 Slide 287

288 Scenario #2 Questions: (1) Does Sarah’s second job create any appearance of impropriety and/or undermine the image of the Las Vegas Justice Court? (2)Is Joe’s position a “double standard” that discriminates against women? NACCA Ethics Training 2014 Slide 288

289 Scenario #2 Canon 3 (“Outside Activities”) Rule 3.1 Outside Business Engaging in outside activities, a judicial employee shall: * avoid the risk of conflict with official duties, * avoid the appearance of impropriety, and * comply with the disclosure requirements. NACCA Ethics Training 2014 Slide 289

290 Scenario #2 A judicial employee’s activities outside of official duties shall not: (1) Detract from the dignity of the court; (2) Interfere with the performance of official duties; or (3) Adversely reflect on the operation and dignity of the court or office the judicial employee serves. NACCA Ethics Training 2014 Slide 290

291 Scenario #2 (3) Is the possibility of a DUI and resulting criminal case too remote for Joe’s concern to be valid? (4) Who gets to decide what the “community’s values” are for Sarah’s job at the bar? (5) What if Sarah’s second job had First- Amendment implications? Ex.: Exotic dancing. *** NACCA Ethics Training 2014 Slide 291

292 Scenario #3 “The Morning Briefing” *** NACCA Ethics Training 2014 Slide 292

293 Scenario #3 Questions: (1)Judge Gilligan is relying upon Lana for detailed information and feels it is entirely appropriate. Is there information about attorneys or parties that should not be relayed to a judge? NACCA Ethics Training 2014 Slide 293

294 Scenario #3 (2) Personal staff of a judge often have internal, confidential conversations with judges. What are some of the risks posed by the conversations described in this scenario? NACCA Ethics Training 2014 Slide 294

295 Scenario #3 The Attorney’s Request for Continuance Attorneys are bound by the Nevada Rules of Professional Conduct. Rule 3.2 (“A lawyer shall make reasonable efforts to expedite litigation consistent with the interests of the client.”) Rule 3.3 (“Candor Toward the Tribunal”): “A lawyer shall not knowingly... [m]ake a false statement of fact or law to a tribunal.” NACCA Ethics Training 2014 Slide 295

296 Scenario #3 The Constitutionalist * Documenting an incident that occurred at the courthouse —Fair Game? * Balancing the litigant’s rights with the judge’s need to ensure safety. NACCA Ethics Training 2014 Slide 296

297 Scenario #3 The Protection-Order Hearing * Problems with hearsay evidence. * Possible bias/prejudice from Bennie or Lana. * Lana is presenting her allegations to Judge Gilligan without being called as an actual witness. (Cross-Examination) NACCA Ethics Training 2014 Slide 297

298 Scenario #3 The Criminal Trial * Is Lana overstepping her role by trying to influence the outcome of the case? * Making a trial “go away” is not necessarily in everyone’s best interest. * How reliable is Lana’s information? *** NACCA Ethics Training 2014 Slide 298

299 THE END Joe Tommasino (702) NACCA Ethics Training 2014 Slide 299


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