Practical Applications of Ethics Codes: I Found It on Facebook – Recruitment, Selection, and The Social Network 1 of 30

Practical ApplicationsPractical Applications

of Ethics Codes:of Ethics Codes:

I Found It on Facebook –I Found It on Facebook –

Recruitment, Selection, and Recruitment, Selection, and

The Social NetworkThe Social Network1 of 30

ObjectivesObjectives

• Become familiar with ethics codesBecome familiar with ethics codes

• Understand why ethics codes are important Understand why ethics codes are important to us as court professionalsto us as court professionals

• Determine how ethics apply to recruiting Determine how ethics apply to recruiting and selecting court staff in the burgeoning and selecting court staff in the burgeoning world of the social networkworld of the social network

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Are Ethics Important?Are Ethics Important?

• A fair and independent court system is essential to A fair and independent court system is essential to the administration of justice in a democratic the administration of justice in a democratic society.society.

• Court professionals strive to:Court professionals strive to:

o inspire public confidence and trust in our inspire public confidence and trust in our courts; andcourts; and

o convey impartiality, equality, fairness, and convey impartiality, equality, fairness, and integrity.integrity.

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Scenario:Scenario:

I Found It on I Found It on FacebookFacebook

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I Found It on FacebookI Found It on FacebookCodesCodes

NACM Model Code of Conduct for Court ProfessionalsNACM Model Code of Conduct for Court Professionals

Canon 1.1: Canon 1.1: Avoiding ImproprietyAvoiding Impropriety A court professional shall faithfully carry out all A court professional shall faithfully carry out all appropriately assigned duties striving at all times to appropriately assigned duties striving at all times to perform the work diligently, efficiently, equitably, perform the work diligently, efficiently, equitably, thoroughly, courteously, honestly, truthfully, and with thoroughly, courteously, honestly, truthfully, and with transparency.transparency.

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Canon 1.2: Canon 1.2: Avoiding ImproprietyAvoiding Impropriety A court professional shall avoid activities that would A court professional shall avoid activities that would impugn the dignity of the court.impugn the dignity of the court.

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Canon 1.4: Canon 1.4: Respect for OthersRespect for Others A court professional shall treat litigants, co-workers A court professional shall treat litigants, co-workers and all others interacting with the court with dignity, and all others interacting with the court with dignity, respect and courtesy.respect and courtesy.

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Canon 2.2: Canon 2.2: Performing the Duties of Position Performing the Duties of Position Impartially and DiligentlyImpartially and Diligently

A court professional shall recruit, select, and advance A court professional shall recruit, select, and advance personnel based on demonstrated knowledge, skills, personnel based on demonstrated knowledge, skills, abilities, and bona fide work–related factors, not on abilities, and bona fide work–related factors, not on favoritism.favoritism.

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Canon 2.7: Canon 2.7: DiscretionDiscretionA court professional shall be respectful of litigants, the A court professional shall be respectful of litigants, the public, applicants and employees’ personal lives; public, applicants and employees’ personal lives; disregard information that legally cannot or should not disregard information that legally cannot or should not otherwise be considered; use good judgment in otherwise be considered; use good judgment in weighing the credibility of Internet data; and be weighing the credibility of Internet data; and be cautious about verifying identities.cautious about verifying identities.

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Canon 2.7: Canon 2.7: Discretion (Continued)Discretion (Continued)A court professional shall treat personal or sensitive A court professional shall treat personal or sensitive information with the same discretion that one would information with the same discretion that one would wish others to have if one were involved in a similar wish others to have if one were involved in a similar case. case.

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Canon 2.8: Canon 2.8: Proper Use of Public ResourcesProper Use of Public ResourcesA court professional shall use the resources, property A court professional shall use the resources, property and funds under one’s official control judiciously and and funds under one’s official control judiciously and solely in accordance with prescribed procedures.solely in accordance with prescribed procedures.

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I Found It on Facebook I Found It on Facebook CodesCodes

Conference of States Court AdministratorsConference of States Court Administrators

Section Four (F):Section Four (F): Abuse of Position Abuse of Position

A court employee shall not use the resources, A court employee shall not use the resources, property, personnel facilities, equipment, or funds property, personnel facilities, equipment, or funds under the employee’s control improperly to benefit the under the employee’s control improperly to benefit the employee or any other person.employee or any other person.

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American Judicature Society Model Code for American Judicature Society Model Code for Nonjudicial Court EmployeesNonjudicial Court Employees

Section Six (D):Section Six (D): Court Managers Court ManagersCourt managers shall take action regarding any Court managers shall take action regarding any unethical conduct of which they may become aware, unethical conduct of which they may become aware, initiating appropriate disciplinary measures against an initiating appropriate disciplinary measures against an employee for any such conduct and reporting to employee for any such conduct and reporting to appropriate authorities evidence of any unethical appropriate authorities evidence of any unethical conduct by judges or lawyers.conduct by judges or lawyers.

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I Found It on FacebookI Found It on FacebookDiscussion QuestionsDiscussion Questions

Is it appropriate for Bill Regent to let Carol research Is it appropriate for Bill Regent to let Carol research candidates on the world wide web?candidates on the world wide web?

Response #1Response #1““Absolutely! The information on these people is in Absolutely! The information on these people is in the public realm. If candidates don’t want the public realm. If candidates don’t want information ‘out there’ then they shouldn’t post it on information ‘out there’ then they shouldn’t post it on Facebook. Facebook.

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Response #2Response #2““The information about Doug Lapthorn The information about Doug Lapthorn wasn’t on his wasn’t on his Facebook page; Facebook page; it was on the page of a girlfriend who it was on the page of a girlfriend who had an axe to grind against Doug. Bill Regent making had an axe to grind against Doug. Bill Regent making a decision based on one photograph a decision based on one photograph somebody else somebody else posted is poor management and unethical. posted is poor management and unethical.

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Response #1Response #1““Frankly what is the difference between looking on a Frankly what is the difference between looking on a candidate’s candidate’s Facebook Facebook page and asking a candidate page and asking a candidate for references? A good manager isn’t going to rely for references? A good manager isn’t going to rely only on a single piece of information to make a hiring only on a single piece of information to make a hiring decision.”decision.”

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Bill Regent rejected Doug Lapthorn because of Bill Regent rejected Doug Lapthorn because of information on Facebook. Should he have given information on Facebook. Should he have given equal weight to the positive information Denise equal weight to the positive information Denise Walden posted on her Facebook page?Walden posted on her Facebook page?

Response #1Response #1““Bill Regent needs to follow up more on both Bill Regent needs to follow up more on both candidates before he makes a final decision. One candidates before he makes a final decision. One photograph isn’t enough” photograph isn’t enough”

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Response #2Response #2““Let’s be honest. We’ve all made hiring decisions on Let’s be honest. We’ve all made hiring decisions on less information than Mr. Regent had. For example, less information than Mr. Regent had. For example, one candidate stumbles on a couple of interview one candidate stumbles on a couple of interview questions and we on the panel recommend the other questions and we on the panel recommend the other candidate.” candidate.” 19 of 30



Response #3Response #3““We’d all like to perform the most in depth We’d all like to perform the most in depth background research possible on each candidate. background research possible on each candidate. Real life demands that we make a decision and move Real life demands that we make a decision and move on. What Mr. Regent did wasn’t unethical, it was just on. What Mr. Regent did wasn’t unethical, it was just life.” life.” 20 of 30


Was it ethical for Carol to access a subscription Was it ethical for Carol to access a subscription website (“BeenVerified”) to research information not website (“BeenVerified”) to research information not “in the public realm”?“in the public realm”?

Response #1Response #1““Bill Regent has a due diligence duty to ensure the Bill Regent has a due diligence duty to ensure the people he hires are good citizens. He would be people he hires are good citizens. He would be remiss if he remiss if he didn’tdidn’t access every available resource at access every available resource at his disposal to perform background research on the his disposal to perform background research on the candidates.” candidates.”

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Was it ethical for Carol to access a subscription Was it ethical for Carol to access a subscription website (“BeenVerified”) to research information not website (“BeenVerified”) to research information not “in the public realm”?“in the public realm”?

Response #2Response #2““Who is paying for the subscription? The court? If Who is paying for the subscription? The court? If so why isn’t Mr. Regent asking the Sheriff’s Office to so why isn’t Mr. Regent asking the Sheriff’s Office to run criminal histories? At the very least the court run criminal histories? At the very least the court should inform the candidate should inform the candidate in advance in advance that they plan that they plan to do internet research on the candidates.” to do internet research on the candidates.”

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What obligation does Denise have to post accurate What obligation does Denise have to post accurate information on her Facebook page?information on her Facebook page?

Response #1Response #1““Denise lied on her Facebook page and that goes to Denise lied on her Facebook page and that goes to her integrity as a court professional. If Mr. Regent her integrity as a court professional. If Mr. Regent discovers the lie it should be enough to fire Denise.”discovers the lie it should be enough to fire Denise.”

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Response #2Response #2““The Court never told Denise that they planned to The Court never told Denise that they planned to look at her Facebook page. Denise has no ethical look at her Facebook page. Denise has no ethical obligation to be forthcoming or even accurate. obligation to be forthcoming or even accurate. Facebook is social, not for business”Facebook is social, not for business”

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Response #3Response #3““Denise has no ethical obligation to be forthcoming Denise has no ethical obligation to be forthcoming on Facebook although she might have an obligation on Facebook although she might have an obligation out of politeness. The offense is on the same level out of politeness. The offense is on the same level as posting on a dating site that one is ten years as posting on a dating site that one is ten years younger and twenty pounds lighter than one actually younger and twenty pounds lighter than one actually is.”is.”

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Should a court to have a social network policy?Should a court to have a social network policy?

Response #1Response #1““Courts need to inform candidates in advance that Courts need to inform candidates in advance that they intend to use the world wide web as part of the they intend to use the world wide web as part of the selection process and give candidates fair warning.”selection process and give candidates fair warning.”

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Should a court to have a social network policy?Should a court to have a social network policy?

Response #2Response #2““NACM’s existing code covers everything a social NACM’s existing code covers everything a social networking policy needs to cover. The social networking policy needs to cover. The social network is no different from asking candidates for network is no different from asking candidates for references.” references.”

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Determine what your own Determine what your own answers are to the questions answers are to the questions

asked here.asked here.

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Why Do This?Why Do This?

•It’s the integrity of the Judicial BranchIt’s the integrity of the Judicial Branch

•It’s more than just personnel rulesIt’s more than just personnel rules

•It’s not just right & wrong answersIt’s not just right & wrong answers •It’s your job to make the code relevantIt’s your job to make the code relevant

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Learn More and Join the Learn More and Join the ConversationConversation

Log onto the NACM Website Ethics Page:Log onto the NACM Website Ethics Page:

http://www.ncsconline.org/Nacmethics/

Or the NACM Ethics Hotline:

http://www.nacmnet.org/ethics/hotline.asp

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Documents

Practical Applications of Ethics Codes: I Found It on Facebook – Recruitment, Selection, and The Social Network 1 of 30