Define ethics.
Ethics is the discipline dealing with what is good and bad and with moral duty and obligation. It is a set of moral principles or values.
Define integrity.
Integrity is strict personal honesty and independence. It is adherence to one’s moral values or putting into practice one’s values and beliefs.
What are the three objectives of the Commission on Judicial Conduct?
The objectives of the Commission are:
(1) to preserve the integrity of all judges in the State;
(2) to ensure public confidence in the judiciary; and
(3) to encourage judges to maintain high standards of both professional and personal conduct.
How does the Commission endeavor to achieve its objectives?
To achieve these goals, the Commission issues sanctions and secures the removal of judges from office who violate legal or ethical standards. In addition, the Commission participates as faculty members in continuing education programs at all levels of the judiciary.
What provides authority for the Commission on Judicial Conduct to operate?
The State Commission on Judicial Conduct was created by an amendment to the Texas Constitution in 1965. Article V, Section 1-a of the Texas Constitution and Chapter 33 of the Texas Government Code are the sources of authority under which the Commission operates.
True or False
A file is initiated with the Commission on Judicial Conduct when the Commission receives a telephone complaint.
False (the complaint must be written).
True or False
Complainants may request the Commission on Judicial Conduct keep their identity confidential.
True.
True or False
Information gathered by the Commission on Judicial Conduct may never be made public.
False.
True or False
All proceedings of the Commission on Judicial Conduct are conducted publicly.
False.
True or False
The Commission on Judicial Conduct may dismiss a case if a judge took corrective action in the case against him or her.
True.
True or False
Improper conduct includes failure to conduct court business in a timely manner.
True.
True or False
Judges could be reprimanded for incompetence in the performance of their duties.
True.
Rank the following actions by the Commission in order of severity. (1= the most severe)
____ Removal-Censure
____ Private Admonition
____ Public Reprimand
____ Public Admonition
1 Removal or Censure. 4 Private Admonition. 2 Public Reprimand. 3 Public Admonition.
Upon what principle is our legal system based?
Our legal system is based upon the principle that an independent, fair, and competent judiciary will interpret and apply the laws that govern us.
Why should clerks observe the same professional standards as judges?
It is required by the Code of Judicial Conduct. Canon 3C(2) of the Code says that judges should require staff, court officials, and others subject to the judge’s direction and control to observe the standards of fidelity and diligence that apply to the judge.
What might happen if a clerk’s conduct is improper?
The judge may be held responsible.
True or False
The judicial system is built on the principle of being independent from the other branches of government.
True.
True or False
When the telephone for the court is answered “police department,” it may give the public the impression that they will not be treated fairly or impartially.
True.
True or False
Having a separate room away from the public where peace officers may swear to complaints and conduct other court business helps the court avoid any appearance of impropriety.
True.
True or False
A municipal judge may use court letterhead to write members of a fraternity urging them to join the local chapter
False.
True or False
A municipal judge may voluntarily testify for someone else as a character witness.
False.
True or False
A municipal judge or clerk may be a member of the Ku Klux Klan.
False.
True or False
The Code of Judicial Conduct governs a municipal judge and clerk’s behavior in and out of the courtroom.
True.
Indicate whether the following behaviors are proper or improper for a clerk. (P=Proper; I=Improper)
____ Telling the judge about the belligerent attitude of a defendant scheduled for a bench trial.
____ Recommending a specific driving safety school to a defendant.
____ Using court stationery to offer a product or service for purchase to earn extra money.
____ Looking up your girlfriend’s traffic record.
____ Drinking beer while working overtime at the office.
____ Asking an officer to not file a traffic ticket against a friend.
____ Closing the court or decreasing fines to put pressure on the city council to increase salary and benefits for court personnel.
I - Telling the judge about the belligerent attitude of a defendant scheduled for a bench trial. I - Recommending a specific driving safety school to a defendant. I - Using court stationery to offer a product or service for purchase to earn extra money. I - Looking up your girlfriend’s traffic record. I - Drinking beer while working overtime at the office. I - Asking an officer to not file a traffic ticket against a friend. I - Closing the court or decreasing fines to put pressure on the city council to increase salary and benefits for court personnel.
True or False
A municipal judge has a duty to take some action against another judge who is violating the Code of Judicial Conduct.
True.
True or False
A municipal court clerk should, but is not required under the Code of Judicial Conduct to, report to his or her judge unethical conduct of another court employee.
True.
True or False
A municipal judge should report an attorney who presented false evidence to the court.
True.
True or False
A judge would be disqualified from hearing her brother’s speeding ticket because they are related by consanguinity within the second degree.
True.
True or False
A judge should not hear her husband’s speeding ticket because they are related by affinity within the first degree.
True.
True or False
A municipal court clerk may use racial epithets to refer to witnesses.
False.
True or False
A municipal court administrator may participate in a trip paid for by an attorney who practices before a municipal judge for whom the clerk works
False.
Indicate proper or improper conduct for a clerk. (P=Proper; I=Improper)
___ Informing defendants how to properly conduct themselves in court.
___ Shouting at a belligerent defendant.
___ Telling sexual or racial jokes to jurors while they are waiting to be called into the courtroom.
___ Not explaining all the court options to members of a certain ethnic group.
___ Responding to a news reporter who asks you to review an article for legal accuracy. It contains information about a Class C misdemeanor assault that is pending in your court and is part of a larger civil suit for sexual harassment.
___ Developing a records management program to help the court manage the progress of the cases through the court.
___Working with the judge to oversee the administration of the court.
___ Providing information requested under Rule 12.
P - Informing defendants how to properly conduct themselves in court.
I - Shouting at a belligerent defendant.
I - Telling sexual or racial jokes to jurors while they are waiting to be called into the courtroom.
I - Not explaining all the court options to members of a certain ethnic group.
I - Responding to a news reporter who asks you to review an article for legal accuracy. It contains information about a Class C misdemeanor assault that is pending in your court and is part of a larger civil suit for sexual harassment.
P - Developing a records management program to help the court manage the progress of the cases through the court.
P - Working with the judge to oversee the administration of the court.
P - Providing information requested under Rule 12.
Indicate proper or improper conduct for a clerk. (P=Proper; I=Improper)
___ Writing a weekly column with the judge about legal matters and court activity for the local newspaper.
___ Teaching classes for the Texas Municipal Courts Education Center.
___ Speaking to high school students in a government class on “Your Rights in Traffic Court.”
___ Selling tickets for your daughter’s booster club to a group taking a driving safety course.
___ Traveling free to Las Vegas on a law firm’s private plane. The law firm frequently handles traffic tickets in your court.
___ Accepting gifts from a friend or a relative on special occasions when the friend or relative is not before the court.
___ Accepting free legal publications from TMCEC.
___ Accepting an invitation to a Christmas party that is being conducted by a company that has a pending case in your court.
___ Using court stationery to write a letter to a company that has failed to provide you with promised service.
___ Having your title as court clerk listed by your name on a letter being sent by a local charity organization that is soliciting toys for disadvantaged children.
P - Writing a weekly column with the judge about legal matters and court activity for the local newspaper.
P - Teaching classes for the Texas Municipal Courts Education Center.
P - Speaking to high school students in a government class on “Your Rights in Traffic Court.”
I - Selling tickets for your daughter’s booster club to a group taking a driving safety course.
I - Traveling free to Las Vegas on a law firm’s private plane. The law firm frequently handles traffic tickets in your court.
P - Accepting gifts from a friend or a relative on special occasions when the friend or relative is not before the court.
P - Accepting free legal publications from the Texas Municipal Courts Education Center.
I - Accepting an invitation to a Christmas party that is being conducted by a company that has a pending case in your court.
I - Using court stationery to write a letter to a company which has failed to provide you with promised service.
I - Having your title as court clerk listed by your name on a letter being sent by a local charity organization that is soliciting toys for disadvantaged children.
Indicate proper or improper conduct for a clerk. (P=Proper; I=Improper)
___ Making public statements in the local restaurant about persons running for city council.
___ Commenting privately to your spouse as to whom would be the best candidate for mayor.
___ Wearing political T-shirts and buttons for local political races while at work.
___ Talking to defendants about who will be the best candidate for mayor.
I - Making public statements in the local restaurant about persons running for city council.
P - Commenting privately to your spouse as to who would be the best candidate for mayor.
I - Wearing political T-shirts and buttons for local political races while at work.
I - Talking to defendants about who will be the best candidate for mayor.
True or False
When a citizen wants to file a case and the clerk is unsure whether the municipal court has jurisdiction, the judge may talk to the person to see if the case should be filed in municipal court.
True.
True or False
A judge may talk with a person who wants to file a claim in municipal court for restitution for $700 for a fence that was damaged by a vehicle that lost control and drove through it.
True (the municipal court does not have jurisdiction of this case so the judge may talk with the defendant to explain that he or she has no authority over this case, and it must be filed in another court).
True or False
A letter to the judge from a defendant telling the defendant’s side of his or her case is not considered ex parte communication.
False.
True or False
The officer’s notes on the back of a citation are not considered ex parte communication.
False.
True or False
A judge may talk with a defendant on the telephone about his or her case, because a telephone conversation is not an official court appearance.
False.
True or False
It is not ex parte communication to tell the judge about a death threat made by a defendant to the victim.
True (because the clerk is not an interested party, but it could be improper conduct for the same reason that ex parte communication is prohibited, i.e., apprising the judge of the merits of a pending judicial proceeding without all interested parties present).
True or False
It is not ex parte communication to inform the judge about information from a defendant relating to the defendant’s case pending in the court.
False.
True or False
If a canon says a judge shall or shall not conduct him or herself in a certain manner, the judge does not have discretion in that matter.
True.
True or False
“May” means that the judge has permissible discretion.
True.
True or False
If a rule requires certain conduct of others, the judge must exercise reasonable direction and control over the conduct of anyone who is subject to the judge’s direction and control.
True.
True or False
A clerk may give legal advice if he or she is certain that the advice is correct.
False.
True or False
If a clerk gives legal advice, it may compromise the impartiality of the court.
True.
True or False
If a court provides a sample form to a defendant, the court is obligated to assist that defendant to complete the form.
False (helping a defendant complete a form is giving legal advice).
True or False
If a clerk determines that there is an error on a traffic citation, the clerk should tell the judge so that the judge can dismiss the case.
False.
What may a clerk do when a defendant is unsure how to handle his or her case?
The clerk may explain the court procedures and processes and give the defendant a pamphlet that explains these processes and the defendant’s obligations and rights. Do not advise the defendant on how to handle his or her case.
True or False
A municipal court clerk is a public servant.
True.
True or False
A deputy court clerk is a public servant.
True.
True or False
A part-time employee of the court is a public servant.
True.
True or False
Municipal court jurors are public servants.
True.
True or False
An attorney representing the State in municipal court is not a public servant.
False.
True or False
A bailiff is not a public servant.
False.
True or False
A municipal court clerk violates Section 36.02 of the Penal Code when he or she accepts money from a citizen to destroy, conceal, or remove traffic citations from the court files even though the clerk never did destroy, conceal, or remove the citations.
True.
True or False
A municipal court clerk may accept payment for making a speech that he or she has been asked to make because he or she is a court clerk.
False.
True or False
A municipal court clerk may accept food, transportation, and lodging from an organization for whom he or she is making a speech.
True.
True or False
A municipal judge or clerk may accept free tickets to a college football game from the dean of a private college that is in the city where the municipal judge’s court is located.
False.
True or False
A municipal court clerk may accept gifts from his or her mother.
True.
True or False
Municipal court complaints are governmental records.
True.
True or False
Correspondence received from the defendant is a governmental record.
True.
True or False
The Office of Court Administration’s monthly reports are governmental records.
True.
True or False
Copies of state reports retained by the court are governmental records.
True.
A municipal court clerk is in violation of Section 37.10, Tampering with a Government Record, if he or she types a false statement in an arrest warrant before giving it to the judge to sign.
True.
True or False
A municipal court clerk is in violation of Section 37.10, Tampering with a Government Record, if he or she erases and corrects a mistake he or she made in entering information on a docket.
False.
True or False
The Code of Judicial Conduct is a law relating to a public servant’s office or employment.
True.
The Code of Criminal Procedure is a law relating to a public servant’s office or employment.
True.
True or False
A municipal judge or clerk may use a car furnished by the city for a vacation trip.
False.
True or False
A municipal judge may use a city telephone to make local personal telephone calls.
True.
True or False
A municipal court clerk may use court letterhead to write a cover letter for an application for a job for which the clerk is applying.
False.
True or False
A municipal court clerk may use court letterhead to write a recommendation for a deputy court clerk seeking another job.
True.
True or False
A municipal judge may make a court clerk address the judge’s Christmas cards for him or her during the clerk’s workday.
False.
True or False
A municipal judge may make listening to his or her dirty jokes a condition of employment for a court clerk.
False.
True or False
A municipal court clerk who learns in a city staff meeting that the city wants to acquire a certain piece of property for a park may pass that information on to a friend who is a real estate agent.
False.
True or False
A public official includes a judge of a court created by or under a statute of this State.
True.
True or False
A parent and child are related by consanguinity.
True.
True or False
A parent and adopted child have a degree of consanguinity between them.
True.
Who are a municipal judge’s relatives within the first degree by blood?
The judge’s father, mother, and children.
Who are a municipal judge’s relatives within the second degree by blood?
The judge’s father, mother, children, brothers, sisters, grandparents, and grandchildren.
Who are a municipal judge’s relatives within the third degree by blood?
The judge’s father, mother, children, brothers, sisters, grandparents, grandchildren, great-grandparents, great-grandchildren, uncles, aunts, nephews, and nieces.
List your own living relatives within the third degree by consanguinity.
Answers will vary from clerk to clerk.
Is a municipal court clerk’s spouse related to him or to her by consanguinity or by affinity?
Affinity.
Is a municipal court clerk’s spouse’s sister related to the clerk by consanguinity or by affinity?
Affinity.
If the municipal judge’s spouse dies and the municipal judge has no living children, how is the dead spouse’s sister related to the municipal judge?
Neither by consanguinity nor by affinity.
List the municipal judge’s relatives within the first degree by marriage. Second degree by marriage. Third degree by marriage.
The judge’s relatives within the first degree by marriage are his or her spouse, his or her spouse’s parents, his or her spouse’s children, his parent’s spouse, or his children’s spouses. Those within the second degree include those above plus his spouse’s brothers, sisters, grandparents, and grandchildren, and his brothers, sisters, grandparent’s or grandchildren’s spouses. Those within the third degree include all those above plus his spouse’s great-grandparents, great-grandchildren, uncles, aunts, nieces, and nephews, as well as any spouses of his great-grandparents, great-grandchildren, uncles, aunts, nieces, and nephews.
List your own living relatives within the third degree by affinity.
Answers will vary.
True or False
A municipal judge may hire his or her spouse’s sister as a municipal court clerk.
False.
True or False
A municipal judge may hire his or her spouse’s sister as a municipal court clerk.
True.
True or False
The presiding municipal judge may hire the child of a sister of an alternate municipal judge to type the docket sheets.
False.
True or False
A municipal judge may hire the mayor’s daughter as a municipal court clerk in exchange for a job as the mayor’s secretary for the municipal judge’s first cousin.
False.
True or False
A city with a municipal judge who is disabled and uses a wheelchair may hire the judge’s daughter to be the judge’s aide and pay her out of city funds.
True.
If a person is about to be appointed municipal court clerk for a city and the prospective clerk’s aunt is the city secretary, how long must the aunt have worked in that position to be able to keep her job after the municipal court clerk is appointed?
30 days.
If a person is about to be appointed municipal court clerk for a city and the prospective clerk’s aunt is the city secretary, how long must the aunt have worked in that position to be able to keep her job after the municipal court clerk is appointed?
No.
True or False
Generally, the city council has a choice about retaining an appointed municipal court clerk who is convicted of official misconduct in the form of nepotism.
False.
True or False
A violation of the nepotism statute is an offense involving official misconduct.
True.
What may happen to a municipal judge convicted of hiring his or her niece as a municipal court clerk?
He or she may be fined $100 to $1000 and be removed from office.
A clerk who had a personality clash with another employee went to her supervisor and said that the other employee did not know how to do the job. Is there an ethical problem here? If so what is it? What should the clerk have done?
A personality clash is not an ethical problem, but when the clerk told her supervisor that the other person did not know how to do her job just because of their personal differences, it became an ethical problem. The ethical problem is the clerk’s lie about the other employee. If the two employees could not work out their differences, they should have asked a supervisor to mediate, and both demonstrated an effort to not let their differences affect their work.
A city secretary who supervises the deputy clerks is not familiar with many legal requirements; this causes a clash between the clerks and city secretary. Is this an ethical problem? What should the clerks do?
This is not an ethical problem. The city secretary’s problem is a lack of training and education. This problem can be remedied by the city secretary reading materials from the Texas Municipal Courts Education Center.
Before trial, the judge comes to the clerk’s office and wants to know if there is any information she should know about the cases before going to trial. What information may the clerk tell the judge that would not be considered ex parte communication?
The clerk may discuss with the judge administrative matters concerning the scheduling of the cases for trial or such matters as motions for continuances. The clerk may not discuss the merits of any of the cases, any information blurted out by defendants, or any conversations he or she had with any of the witnesses (usually peace officers).
A deputy court clerk, with whom you have become good friends, uses the judge’s signature stamp to dismiss a case against her boyfriend. You find out about it. What do you do?
This is not only an ethical violation, but it is also a crime. It is tampering with a governmental record. You should report it to your supervisor, judge, and chief of police immediately.
Should a municipal court clerk report to the Commission on Judicial Conduct a judge’s willful violation of the Code of Judicial Conduct?
Canon 3D requires judges to take appropriate action upon receiving information clearly establishing that another judge has committed a violation of the Code of Judicial Conduct. If the violation raises a substantial question as to the other judge’s fitness for office, the judge shall inform the State Commission on Judicial Conduct or take other appropriate action. Depending on the circumstances, the appropriate action may be reporting the judge to the city council or the Commission. If in doubt, you should call the Commission to discuss the issue.