ARTICLE 5. CONDITIONS OF
EMPLOYMENT
EFFECTIVE DATE: 05/04/98
RULE 501.
CONDUCT
REVISED DATE:
A. GENERAL:
1. A Judiciary which upholds high standards of integrity, impartiality and independence is 2. On August 20, 1997, Chief Justice Thomas A. Zlaket signed Arizona Supreme Court
Administrative Order 97-41 which adopted the Code of Conduct for Judicial
Employees. This
Code of Conduct was prepared to provide guidance to court
employees throughout the state.
It is recognized that moral principles are as much
a personal impression as an organizational
consideration. Employees are expected
to conduct themselves in accordance with this Code
and should strive to maintain the
highest ethical standards in the performance of their job duties.
Employees may
request copies of the Code of Conduct from their supervisor.
3. Division Heads or their designees may initiate disciplinary action including written
reprimands,
suspensions or terminations upon the determination that an employee has
failed to comply with
the Code of Conduct. Disciplinary measures will be instituted
in conjunction with the Court
Administrator.
4. This Code of Conduct does not expressly or implicitly preclude the Superior Court
in Mohave
County or any Division Head from developing and employing policies
or procedures beyond
those contained in the Code, provided such additions are
consistent with the scope of the Code
of Conduct and are approved by the Presiding
Judge. Final determination and resolution of all
ethics violations pursuant to the
Code of Conduct reside in the authority of the Presiding Judge
or designee.
B. SPECIFIC CONDUCT AND RESPONSIBILITIES UNDER THE CODE OF
CONDUCT
FOR JUDICIAL EMPLOYEES:
In addition to such general or specific standards of conduct imposed elsewhere, Judicial
employees
shall:
1. Maintain high standards of personal and professional conduct so as to preserve the
independence
of the Judiciary.
3. Respect and comply with the law and act at all times in a manner that promotes
public confidence
in the integrity and impartiality of the Judiciary.
4. Not solicit or accept gifts or favors or promises of gifts or favors from attorneys,
litigants or other
persons or organizations known to do business with the Court.(1)
5. Not request or accept any payment in addition to their regular compensation for
assistance given
as part of their official duties.
6. Not use or attempt to use their positions to secure special privileges or exemptions
for themselves
or any other person, including but not limited to traffic citations,
parking violations, or special
treatment before any Court or administrative body.
7. Not be or become inappropriately friendly with litigants, counsel or other persons or
organizations
with business before the Court.
9. Not be employed, appointed, assigned or supervised by a supervisor or a supervisor
reporting
to a relative, nor shall any Judicial employee attempt to influence the
employment or advancement
of a relative by any Court, except by letters of reference
or in response to a person verifying
references, and then only after disclosing the existence and nature of the
family relationship.
10 Not use public funds, property or resources wastefully or for any private purpose not
authorized
by Judicial or other authorities, including but not limited to, knowingly
making false entries on
timesheets; backdating Court documents; making false
claim(s) for mileage, meal, travel or
other expense; misuse or abuse of telephone,
facsimile or copy machine; taking, conversion or
use of Court materials or supplies
for personal or other unauthorized use.
11. Not do business with a former Judicial employee:
a. who held a position involving substantial discretion over that aspect of the Court's activities;b. who left the Court's employment during the preceding twelve (12) months; and
c. whose participation could harm the interests of the Judiciary or cause a perception of 12. Be patient, prompt and courteous to litigants, jurors, witnesses and attorneys who
come in
contact with the Court.
13. Perform their duties impartially and not be influenced by kinship, social or economic
status,
political interest, public opinion or fear of reprisal and, where the employee
may be
inappropriately influenced in any situation, fully discuss and disclose such
concerns with a
supervisor, Division Head or the Presiding Judge.
14. Perform their work without bias or prejudice, and shall not manifest by words or
conduct, bias
or prejudice based upon race, sex, religion, color, national origin,
disability, age, veteran's status,
sexual orientation or socio-economic status.
16. Not disclose any confidential information received in the course of official duties,
except as
required in the performance of such duties, or use such information for
personal gain or advantage.
18. The provisions of Rule 501(B)(17) not withstanding, Court employees shall not
advise a
particular course of action; answer questions outside their knowledge or
expertise; recommend
the names of private attorneys or law firms (unless the
employee works in a Court-approved
lawyer-referral program), but may refer
members of the public to Bar associations or legal aid
organizations.
19. Comply with Judicial education requirements and maintain any certification and/or
licensing
required for their positions.
20. Not communicate personal knowledge about the facts of a pending case to the Judge
assigned
to the case or make or repeat remarks about a case pending before an
Arizona Court which
might affect the fairness or outcome of the proceeding.
21. Report to a supervisor, Division Head or the Presiding Judge any violation of the law
or code of
conduct by another Judicial employee, without fear of retaliation where
such report is made in
good faith.(2)
22. Perform their outside activities so as to avoid negative effect on the Court or their
ability to
perform their duties.
23. Not engage in any business activity or secondary employment that:(3),(4),(5)
a. involves an organization or private employer that regularly conducts business with theb. is conducted during the employee's normal working hours;
c. places the employee in a position of conflict in his or her role in the Judicial service;
d. requires the employee to appear regularly in Judicial or administrative agency proceedings;
e. identifies the employee with the Judicial service or gives an impression that the employment
f. requires use of Court equipment, materials, supplies, telephone services,
office space,
computer time or facilities.
24. Manage their business and personal affairs so as to avoid situations that may lead to
conflict of
interest, or the appearance of conflict of interest in the performance of
their employment.
26. Not use their positions or offices to solicit funds, but Judicial employees, other than
members of
a Judge's personal staff, Courtroom Clerks, or Court managers, may
solicit funds in connection
with outside activities. Judicial employees should not
personally request subordinates to contribute
funds to any organization or activity but
may provide information to them about a general
fundraising campaign. Employees
who work closely with Judges, Division Heads or other
senior management should
not request any Judicial employee to contribute funds under
circumstances where
their relationship to the Judge, Division Head or other senior manager
could
reasonably be viewed as giving weight to the request.
C. GENERAL STANDARDS OF CONDUCT: In addition to any other requirements
imposed by
these Rules or Division Heads, all Court employees must observe the following
basic work
standards:
1. Observe Merit System Rules, policies and procedures.
2. Report to and be prepared to work on scheduled working days at the proper starting
time and
remain at assigned work stations for the scheduled periods unless
permission to leave has been
granted by the supervisor.
3. Notify their immediate supervisor if absence from assigned duties is necessary.
4. Not abuse Court leave rules and policies, departmental break, rest or lunch periods. 5. Carry out specific orders or instructions from the immediate supervisor or another
employee in
charge.
6. Perform work in an efficient and professional manner in accordance with the
methods and
standards required by the Court.
7. Follow established safety and security practices and report any accident/incidents
and/or unsafe or
unhealthy working conditions to the supervisor according to
established timeframes.
8. Be careful and considerate in the use of Court property and equipment. Keep tools,
machines,
vehicles, and other Court property clean, orderly and in proper condition
as defined by the
Division Head or designate.
9. Maintain personal attire, hygiene and grooming in a professional manner and which
is appropriate
for the work to be performed so as to reflect positively on the Court.
Employees whose attire,
hygiene and grooming are not acceptable, in the opinion of
their Division Head or supervisor, may
be sent home with or without pay in order to
correct the deficiencies noted.
10. Establish and maintain effective working relationships with others.
11. Report all mistakes, policy violation, infractions of the rules of conduct, to the
immediate
supervisor, Division Head or Presiding Judge.
12. Report to the immediate supervisor, Division Head or Presiding Judge, any willful
damage,
thievery or unauthorized removal of Court property.
13. Avoid all physical violence and threats of physical violence toward fellow employees
and the
public.
14. Avoid the use of abusive, profane or obscene language.
15. Not use Superior Court equipment or supplies for personal, personal business or second 16. Obtain the Presiding Judge's or designee's permission before soliciting, selling,
passing petitions
or distributing or circulating written or printed matter of any
description on Court property.
Employees may post written or printed material on
Employee Breakroom Bulletin Boards (not
those available to the public) without
permission, provided such material is not detrimental to the
Court. No item may be
hung or displayed in public areas (i.e., hallways, lobbies, foyers, etc.)
without the
prior approval of the Presiding Judge or designee.
17. Exercise reasonable care to safeguard personal items of value brought to work. Such
items
should never be left unattended or in plain view. Court Divisions do not
assume responsibility for
the loss or theft of personal belongings, and employees are
advised not to carry unnecessary
amounts of cash or other valuables with them when
they come to work.
D. SPECIAL PROVISIONS RELATED TO COMPUTER SYSTEMS AND SOFTWARE:
1. Computers; software; computer files and records; E-mail, and/or Internet access, as
well as all
similar and related items, are and will remain property of the Superior
Court either through
ownership or licensing agreement. Computers, and all related
software, hardware and related
items, are tools of work and are to be used solely for
this purpose. The Court reserves the right
to regulate employee access to and use of
such items, to monitor employee use thereof, to access
and review the contents of
employee files, accounts, records, uses and transactions (with or
without the
employee's permission and/or presence) and to otherwise endeavor to assure
appropriate use of all such systems of the Court.
3. Employees may only use software according to the existing software licensing
agreement. Copying
of such software by employees, except as provided in the
licensing agreement, is prohibited.
5. E-mail may not be used to solicit others for commercial ventures, religious or
political causes,
outside organizations or other non-business ventures.
7. Employees are to notify their supervisor upon learning of violations of this Rule.
Employees found
to have violated this Rule are subject to discipline up to and
including dismissal for cause.
E. SPECIAL PROVISIONS RELATED TO COURT TELEPHONE, POSTAGE, AND
DELIVERY SYSTEMS:
1. Systems and tools falling under the heading of this Rule include, but are not limited
to, telephones,
facsimile machines, modems, special long distance services, pagers,
priority mail, United States
Postal Services and delivery services.
2. All systems and tools, including access to and use thereof, are the property of the
Superior Court
and their use is restricted to activities directly related to Court
activities and business. The Court
reserves the right to access and monitor use of all
systems and tools to ensure proper use thereof,
for training or other reasons related
to Court business.
3. Employees should not use Court systems and tools included under this Rule for
personal purposes,
except in emergency situations or when extenuating circum-stances exist. When personal usage is
unavoidable, employees must properly log any
user charges and reimburse the Court for them.
However, whenever possible,
personal communications that incur user charges should be placed
on a collect basis
or charged directly to the employee's personal credit card or other account.
4. Monthly telephone usage reports are to be sent to Division Heads. Division Heads
are responsible
for ensuring that employees in their divisions do not abuse telephone
privileges, and that they
properly reimburse the Court for personal long distance or
other charges.
5. All mail received by the Court is deemed the property of the Court. Division Heads
are responsible
for establishing any procedures by which mail is received, opened and
distributed in their divisions.
Employees will not receive personal mail at
workplaces.
F. SPECIAL PROVISIONS RELATED TO WORK AREAS:
1. The Superior Court is dedicated to maintaining an attractive, dignified, uncluttered and safe work 2. Workspaces of Judicial employees are considered an integral part of Court property.
Work areas
including, but not limited to, offices, desks, lockers, files, Court vehicles
and other storage areas
are not to be considered private areas of individual employees
with an expectation of privacy. The
Court reserves the right to inspect the contents
of lockers, desks, files, Court vehicles or other
storage areas at any time and remove
all Court property.
3. An employee may display items of a personal nature in and around their work area
provided they
do not detract from the decorum of the Superior Court or interfere with
employee performance in
the work environment. Division Heads may restrict or
prohibit the use of items which detract from
the decorum of the Superior Court,
interfere with work performance or are offensive to other
employees or the public
(i.e., radios, plants, pictures, etc.).
G. SUPERVISORY PERSONNEL'S RESPONSIBILITIES: Supervisors are responsible
for
employee's conduct and work activities. Supervisory responsibilities include:
1. Assuring that employees are informed regarding changes in Judicial or Division
Rules and working
conditions.
3. Assuring that the work of subordinates is performed in an efficient manner and is of high quality.
1. This section does not prohibit acceptance of food or refreshments of insignificant value when
attending
a conference, seminar, business lunch/dinner, or meeting. This section also does
not prohibit
acceptance or exchange of gifts and other social hospitality on customary
occasions (e.g. birthdays
or weddings) with friends outside the workplace. This section also
does not prohibit acceptance of
awards recognizing public service.
2. This Rule does not prohibit reporting of illegal conduct to a law enforcement agency or other
appropriate
authority. In addition, employees shall cooperate with the Commission on
Judicial Conduct and may
communicate with the Commission at any time, without fear of
reprisal, for purposes of discussing
potential or actual Judicial misconduct.
3. This Section does not apply to Court reporters appointed pursuant to A.R.S. § 12-221 when
preparing
transcripts pursuant to A.R.S. § 12-223 and §
12-224.
4. Examples of conduct which would lead to a conflict contemplated under this Section include,
but are
not limited to, Judicial employees working for a police department, sheriff's office
or other law
enforcement agency, a prosecutor's or public defender's office.
5. This Section does not prohibit Judicial employees from becoming foster parents; teaching,
lecturing or
writing on any subject (provided that payment is at the prevailing rate) and as
long as the employee
includes express disclaimers that the instruction, lecture or writing is
not representative of the Court or
division and does not include or disclose any confidential
information.
6. Every Judicial employee has a legal obligation under A.R.S. § 38-501 et. seq. to diligently
identify,
disclose and avoid conflicts of interest. A potential conflict of interest exists when
an official action
or decision in which a Judicial employee participates may specially benefit
or harm a personal,
business or employment interest of the Judicial employee, the Judicial
employee's relative or close
friend(s). In a Judicial proceeding, a potential conflict of interest
arises if a Judicial employee's
business associate, relative or close friend is an interested
party. Even if no impropriety actually occurs,
a conflict of interest creates an appearance of
impropriety that can seriously undermine the public's
confidence and trust in the Court
system. If withdrawal from a matter would cause unnecessary
hardship, the Presiding Judge
may authorize the employee to participate in the matter if permitted by
the Judicial Code of
Conduct, no reasonable alternative exists, and safeguards, including full disclosure
to the
parties involved, ensure official duties are properly performed.