ETHICAL ISSUES INVOLVING JUVENILE COURT JUDGES AND CASA

ETHICAL ISSUES INVOLVING JUVENILE COURT JUDGES AND CASA
JUDGE LEN EDWARDS (RET.) CENTER FOR FAMILIES, CHILDREN & THE COURTS CORY POHLEY DIRECTOR, CALFORNIA CASA

BEYOND THE BENCH ANAHEIM, CA, DECEMBER 3, 2013

THIS IS PART OF A SERIES OF PRESENTATIONS ADDRESSING THE UNIQUE ISSUES FACING JUVENILE COURT JUDGES. IT FOCUSES UPON THE JUVENILE COURT JUDGE’S WORK WITH CASA – COURT APPOINTED SPECIAL ADVOCATES.

PART I. MATERIALS AND CAUTIONS
Materials: Portions of The Role of the Juvenile Court Judge: Practice and Ethics

How many of you have an active CASA program in your jurisdiction? How many of you are judges? Lawyers? CASA volunteers? CASA Staff? Others?

What is CASA? Why is CASA important for your work?

The ABA created a Model Code of Judicial Conduct in 1924. It has updated the code several times. The most recent updates were in 2007 and 2010.

Each state has its own Code of Judicial Conduct. The California Code of Judicial Conduct was amended as of January, 2013.

We caution you: We are not giving legal advice. We are giving you information to help you reach decisions about ethical issues that may arise in your work with CASA.

THE ROLE OF THE JUVENILE COURT JUDGE
How might you imagine that the role of the juvenile court judge would be different from a civil or criminal court judge?

THE ROLE OF THE JUVENILE COURT JUDGE
As a juvenile court judge you are responsible for the oversight of the lives of your communities most troublesome and vulnerable children. Moreover, the case is not over when you make a dispositional order.

CASA AND THE ROLE OF THE JUVENILE COURT JUDGE
Your work with CASA is unlike your judicial work in any other assignment in your court. Many of the ethical problems that arise are unique in your court system. That is why we are speaking to your today.

CASA AND THE ROLE OF THE JUVENILE COURT JUDGE
We also want to alert CASA staff and volunteers about conduct that may result in ethical problems for your judge. There are some things judges can’t do and you need to know about them.

PART II ETHICAL ISSUES IN THE JUVENILE COURT WORKING WITH CASA

Video 4

ETHICAL AND OTHER ISSUES IN THE JUVENILE COURT
A. Working with CASA Program (PART I) You have decided to start a CASA program (in the alternative to expand your existing CASA program). You have called a meeting and ask members of the community to consider joining CASA. One person asks if she should contact you about being a member. What will you respond? Are there ethical issues involved in this situation? 5.40(e)(1) – Video #9

What are the ethical issues for the judge in this scenario? 5.40(e)(1) & (5) – Video #5

1. The danger of taking up time when the judge should be in court. 2. Using judicial pressure to persuade citizens to become CASA volunteers. 5.40(e)(1) & (5) – Video #5

But judges can tell member s of the community about the needs that the judge has identified. And there are many needs that a CASA volunteer can address: 1. Mentoring an abused/neglected child. 2. Providing critical information to the judge about that child’s needs. 5.40(e)(1) & (5) – Video #5

California Law Supports the Judge’s Role: SJA 5.40(e)(1) “Judges of the juvenile court…are encouraged to “Provide active leadership within the community in determining the needs of and obtaining and developing resources and services for at-risk children and families.” 5.40(e)(1) & (5) – Video #5

This film is available to you to show in your community to educate people about the juvenile dependency system and to attract CASA volunteers. The judge will be able to explain that these are the community’s most vulnerable children and it is the obligation of the juvenile court to keep them safe and provide them with a permanent home. CASA volunteers can be critical in this process. 5.40(e)(1) & (5) – Video #5

How will you respond to the citizen who says she would like to be a CASA volunteer? 5.40(e)(1) & (5) – Video #5

California Canons of Judicial Ethics canons 1, 2, 2A, 4A(1), (2), & (3). W & I §§ CRC rule 5.655 SJA § 5.40(e) (1), (5), & (7) Rothman § 10.40 5.40(e)(1) & (5) – Video #5

Video 5

B. Working with CASA (PART II) Your CASA director asks you to participate in certain events involving the training and swearing in process of CASA volunteers. How will you respond to her questions? Are there any ethical issues involved? 5.40(e)(1) & (10) – Video #10.

California Code of Judicial Ethics canons 1, 2, 2A, 3b(7), & 4(A)(1) W & I §§ & 346 CRC rule 5.655 SJA § 5.40 CJA, Judicial Ethics Update (February 2010, at VI, 3. Rothman, §§ & 10.40

C. WORKING WITH CASA (PART III) Your CASA program needs money in order to continue to operate. The Executive Director asks you to help raise funds by taking the following actions: 1. Help organize a local CASA fundraiser. 2. Have your name on the fundraiser invitation. 3. Appear and speak at the fundraiser. 4. Offer a dinner at your home for 8 to the highest bidder.

Would you take any/all of these actions? Are there ethical issues involved in these actions?

Code of Judicial Ethics canons 1, 2, 2B(1), 2B(2), 4B(2), 4C(1), 4C(3)(d)(i), (ii), (iii), & (iv). W & I §§ CRC rule 5.655 SJA 5.40(e) Rothman, §§ 10.39, & 10.47 CJA, Judicial Ethics Committee Advisory Opinions Nos. 12, 41, 44, 47 & 50.

D. WORKING WITH CASA (PART IV) Your local CASA program asks you to take the following actions: 1. Become a member of the Board of Directors. 2. Attend a national CASA conference with the local program paying all of your expenses. 3. Meet with the executive director on a regular basis to discuss the working relationship of the program to the juvenile court.

Code of Judicial Ethics canons 1,2,3A, 4A, 4C(3)(c), & 4D(6) W & I §§ CRC rule 5.655 SJA 540(e) CJA Judicial Ethics Committee Advisory Opinion Nos. 22, 31, 46, and 61 Rothman, §§ &

E. WORKING WITH CASA (PART V) The following situations come to your attention: 1. You believe some of the advocates who come to your court do not have adequate training. 2. You disagree with the assignment policies that the Executive Director has instituted. 3. An attorney reports that an advocate has been discussing her case with people outside of the juvenile court system.

How will you respond to these situations? Are there legal or ethical considerations you should consider?

California Code of Judicial Ethics canons 1 & 2 W & I § 103 CRC rule 5.655

6. WORKING WITH CASA (PART VI) You would like CASA volunteers to take on additional responsibilities. 1. Search for members of the child’s extended family. 2. Take a child to Disneyland. 3. Visit the child’s school and talk with her teachers. 4. Be a back up driver when the foster mother cannot drive the child to her therapy session.

Are there legal or ethical issues involved in these requests?

California Code of Judicial Ethics canons 1 & 2 W & I §§ 103 & 104 CRC rule 5.655 Rothman §§ 9.70, 10.39, & 10.40

7. WORKING WITH CASA (PART VII) In your contacts in the community the following events take place: 1. At a dinner party, an advocate wants to talk about her case with you. 2. You are called at home by an advocate with an emergency request. 3. You receive a letter from an advocate.

What action will you take in these situations? Are there ethical or legal issues involved in these situations?

What steps might you take to prevent similar situations from arising in the future?

California Code of Judicial Ethics canons 1, 2 & 3B(7)

ADDITIONAL QUESTIONS FROM DIRECTORS: 1. Can the judge suggest board members? YES! 2. Can the judge make a personal donation to CASA? YES! Does the judge need to disclose this when a CASA volunteer appears in court? NO! 3. Can CASA support a judge’s candidacy for judicial office? Probably not. 4. Can the judge come to a fund-raising event? Buy a table? YES!

5. Can a judge make a speech at a fund-raising event? YES – but the content of the speech cannot be to raise funds – only to describe the need for the program and the value of the program to the court. 6. Is it ethical for CASA information to be available in the Superior Court jury room? First, check with the Presiding Judge of the Superior Court. Brochures will probably be all right – a film, probably not.

7. Can a judge appear in an informational or promotional video for CASA? Yes, but consider using the film just shown. If you create a local film, be sure the judge reviews it before showing it publicly. 8. Can a judge meet one-on-one with the CASA Director? Absolutely YES. But no discussion of individual cases.

9. “Officer of the Court” means that you are an appointed official of the court system. You have a legal part in the complex functioning of the legal system as a whole. You have an absolute ethical duty to tell judges the truth, including avoiding dishonesty or evasion regarding the location of persons, documents and other matters related to conduct of the courts.

11. How can you use these materials? I will send you the powerpoint. Cory will send you the video – it is also available on my website – judgeleonardedwards.com There are other CASA articles on the publications blog.

CONTACT INFORMATION Judge Len Edwards (ret.) Judgeleonardedwards.com Cory Pohley Director, California CASA

ETHICAL ISSUES INVOLVING JUVENILE COURT JUDGES AND CASA

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