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Chapter 3: Court Ethics

Terms in this set (103)

Indicate proper or improper conduct for a clerk.
(P=Proper; I=Improper)
___ Reporting only moving traffic convictions to the Department of Public Safety.
___ Refusing to gossip with a friend about your neighbor's son who has a minor in possession of alcohol charge pending in your court.
___ Telling a defendant if he or she wants a jury trial, the defendant will have to appeal the case.
___ A defendant who doesn't want to contest his case but wants to talk to the judge about the amount of the fine is belligerent to the clerk because the judge is not available. The clerk sets the defendant for a hearing at a later date and then tells the judge to set a higher fine.
___ Telling a defendant who calls on the telephone that the judge always gives extensions of time to pay. "All the defendant has to do is ask."
___ Stamping the judge's signature in the docket because the judge only comes in once a month and doesn't have time to sign the docket.
___ Asking the judge to grant a driving safety course (DSC) under the discretionary provisions of the DSC statute to a friend who is not eligible under the mandatory provisions.
___ Seeing prisoners on the weekend to tell them what they are charged with and set their fines because the judge is on vacation.
___ As a clerk for a court with a part-time judge, granting deferred disposition to defendants who ask for it. When the judge comes in a couple of weeks later, the judge signs her name to all the clerk's paperwork for these defendants.
___ Establishing and maintaining a records management program to ensure the proper processing of cases.
___ Telling a friend that the judge is sensitive to defendants who have children who are not good drivers because his son has a "heavy foot" and is likely to grant her daughter the right to take a driving safety course under the discretionary provisions.
___ When turning over a deposit to the accounting department, asking them to count the money and sign for the deposit.
___ Receiving fine money through the mail and then presenting the case to the judge to accept and sign a judgment.
___ Issuing subpoenas when requested by the State or defense.
___ Asking a peace officer to sign a complaint without administering an oath to him or her.
___ Maintaining competence in court procedures by attending regular educational programs for professional development.
___ Working with the police department to establish a security plan for the court.
I - Reporting only moving traffic convictions to the Department of Public Safety.
P - Refusing to gossip with a friend about your neighbor's son who has a minor in possession of alcohol charge pending in your court.
I - Telling a defendant if he or she wants a jury trial, the defendant will have to appeal the case.
I - A defendant who doesn't want to contest his case but wants to talk to the judge about the amount of the fine is belligerent to the clerk, because the judge is not available. The clerk sets the defendant for a hearing at a later date and then tells the judge to set a higher fine.
I - Telling a defendant who calls on the telephone that the judge always gives extensions of time to pay. "All the defendant has to do is ask."
I - Stamping the judge's signature in the docket because the judge only comes in once a month and does not have time to sign the docket.
I - Asking the judge to grant a driving safety course (DSC) under the discretionary provisions of the DSC statute to a friend who is not eligible under the mandatory provisions.
I - Seeing prisoners on the weekend to tell them what they are charged with and set their fines because the judge is on vacation.
I - As a clerk for a court with a part-time judge, granting deferred disposition to defendants who ask for it. When the judge comes in a couple of weeks later, the judge signs her name to all the clerk's paperwork for these defendants.
P - Establishing and maintaining a records management program to ensure the proper processing of cases.
I - Telling a friend that the judge is sensitive to defendants who have children who are not good drivers because his son has a "heavy foot," and is likely to grant her daughter the right to take a driving safety course under the discretionary provisions.
P - When turning over a deposit to the accounting department, asking the accounting department to count the money and sign for the deposit.
P - Receiving fine money through the mail and then presenting the case to the judge to accept and sign a judgment.
P - Issuing subpoenas when requested by the State or defense.
I - Asking a peace officer to sign a complaint without administering an oath to Level I 2020-2021 Court Ethics • 3-76 him or her.
P - Maintaining competence in court procedures by attending regular educational programs for professional development.
P - Working with the police department to establish a security plan for the court.