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Appendix J: Sample Rules of Ethics 3. Performance of Duties Impartially and Diligently. The official duties of court personnel take
Sample 1: precedence over all activities. The official duties include all the duties of the court personnel’s
respective office as prescribed by law or by order of the tribal court. In the performance of these
1. Integrity and Independence of Court Personnel. Court personnel should uphold the integrity
duties, the following standards apply:
and independence of the judiciary and of the court personnel’s office in that an independent
and honorable judiciary is indispensable to justice in the tribal community. Therefore, court A. Court personnel should respect and comply with the law and should act at all times in
personnel should observe and impart to other court personnel high standards of conduct so a manner that promotes public confidence in the integrity and impartially of the tribal
that the integrity and the independence of the judiciary may be preserved and so that the court judiciary and the respective court personnel’s office; and
personnel’s office may reflect a devotion to serving the public. These provisions should be
B. Court personnel should be faithful to the highest standard of the profession and maintain
construed and applied to further these objectives. The standards of this section shall not affect or
professional competence in it. Also, court personnel should be patient, dignified,
preclude other standards which may be promulgated by the Court.
courteous, and fair to all persons whom they have contact with in an official capacity such
2. Impropriety and the Appearance of Impropriety. Court personnel should not engage in any as litigants, jurors, witnesses, lawyers, lay advocates and others, and should require similar
activity which would put into question the propriety of conduct in carrying out the duties of the conduct from subordinate staff and others subject to their direction and control.
office, including but not limited to the following:
4. Improvement of the Legal System and the Administration of Justice. Court personnel, subject to
A. Court personnel should not allow family, social, or other relationships to influence official the proper performance of official duties, may engage in the following quasi-official activities:
conduct or judgment. Court personnel shall not lend the prestige of their office to advance
A. Court personnel may speak, write, lecture, teach and participate in other activities concerning
the interests of themselves or others, nor should court personnel convey, or others be
court management, the legal system, and the administration of justice; and
permitted to convey, the impression that they are in a special position to influence the court
personnel; B. Court personnel may promote the development of professional organizations and foster the
interchange of technical information and experience with others in the profession. Court personnel
B. Court personnel, as well as family member(s) who reside in the same household as the court
should be available to the public-at-large for speaking engagements and public appearances
personnel, should not accept a gift, bequest, favor, or loan from any person whose interests
designed to enhance the public’s knowledge of the operation of the tribal court system.
have come, or are likely to come, before said court personnel or from any other person
under circumstances which might reasonably be regarded as influencing the performances 5. Continuing Educational Activities. Court personnel, regardless of their education and experience
of the duties of the office; prior to being appointed or elected as court personnel, should seek further legal and pertinent
non-legal education designed to improve their performance as court personnel.
C. Court personnel should abstain from public comment about pending or impending court
proceedings and should require similar abstention on the part of other court personnel.
Court personnel should never disclose to any person any confidential information received Sample 2 (more detailed and comprehensive):
in the course of official business, nor should such information be employed for personal Canon 1. A law clerk should uphold the integrity and independence of the judiciary.
gain;
An independent and honorable judiciary is indispensable to justice in our society. A law clerk should
observe and participate in establishing, maintaining and enforcing high standards of conduct so that
D. Court personnel should avoid favoritism, unfairness, or nepotism in connection with the
the integrity and independence of the judiciary may be preserved. The provisions of this Code should
hiring, discharge, or treatment of subordinate court staff;
be construed and applied to further that objective.
E. Court personnel should never influence or attempt to influence the assignment of cases, Canon 2. A law clerk should avoid impropriety and the appearance of impropriety in all of the law
or perform any discretionary or ministerial function of the Court in a biased manner, which clerk’s activities.
improperly favors any litigant or attorney or other representative, nor imply that such court
A. A law clerk should respect and comply with the law and should act at all times in a manner that
personnel is in a position to do so; and/or
promotes public confidence in the integrity and impartiality of the judiciary.
F. Court personnel should not practice law in the same jurisdiction where they are a court
B. A law clerk should not allow family, social, or other relationships to influence the law clerk’s
employee.
judicially related conduct or judgment. A law clerk should not lend the prestige of the office to
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