Sunday, August 15, 2010

Be Happy – Ensure Appropriate Distribution of Wealth Amongst All. (Part 7)

As on date, Judiciary is an important part of our civilized society. It has been seen that the most of the crimes have taken shape due to frustration created in the society because of injustice. Either justice has not been exercised properly, that has been delivered too late or the concerned person has not been convinced with the process. If there is a proper justice system in the society, there is no fear of any grabbing, cheating or committing any criminal offense with anyone and the people can live peacefully. If the people is able to live peacefully, they can earn properly and appropriate distribution of wealth can be effectuated amongst all.

Judicial system must also be sincere in delivering the justice to the subjects. The professionals who are attorneys, law students, or members of other professional groups should keep themselves bound by the appropriate professional duties of their respective roles. All personnel transactions, including selection, appointment, promotion, transfer, and assignment of judiciary employees, should be based on bona fide work-related factors and should not be based on personal relationships or on any form of favoritism.

A judiciary employee should not be appointed by or assigned to a person who is a member of the employee's immediate family, nor should there be any assignments as supervisor and subordinate between employees engaged in a dating relationship. Further. Persons should not be appointed as court employees when their relatives are employees of a law-enforcement agency within the same unit of government and when that appointment creates an appearance that the law-enforcement agency may have an improper influence over court matters.

The members of the judiciary system may:

1. Uphold the Constitution and laws of the State and faithfully carry out all duties assigned. Judiciary employees should put loyalty to the principles above loyalty to persons or parties.

2. Endeavor at all times to perform official duties properly, courteously, and with diligence.

3. Maintain or obtain current licenses or certificates as may be required by law or court rule for their employment.

4. Not intentionally alter, falsify, destroy, mutilate, backdate, or fail to make required entries on any records within the employee's control. However, he/she is not prohibited to make alteration or expungement of records or documents pursuant to a court order.

5. In the conduct of official duties not discriminate on the basis of, or manifest by words or conduct, bias or prejudice based on race, color, religion, age, sex, sexual orientation, national origin, language, marital status, socioeconomic status, or handicap.

6. Not give legal advice outside the scope of his or her judiciary employment.

7. Not refuse to enforce or otherwise carry out any properly issued rule or order of court, nor should court employees exceed that authority.

8. Not disclose to any unauthorized person for any purpose any confidential information acquired in the course of employment, or knowingly acquired through unauthorized disclosure by another.

9. Report confidential information to an appropriate authority within the judicial system when the employee reasonably believes that that information is or may be evidence of a violation of law. This obligation does not preclude reporting to a law enforcement or other appropriate authority. No court employee should be made adversely affected for disclosing such confidential information to an appropriate authority.

10. Not disclose confidential information obtained in the course of employment, if he is terminated due to any reason.

11. Observe high standards of conduct so that the integrity and independence of the courts may be preserved, and should avoid impropriety or the appearance of impropriety.

12. Not risk subjecting themselves to improper influences, participating in activities or allowing themselves to be used in such manner as to impair the dignity and esteem in which the court should be held.

13. Not use or attempt to use the official position or the prestige of judicial affiliation to secure special privileges or exemptions for the employee or for others. For example, an employee should not use official letterhead for private business correspondence, write letters of recommendation on official letterhead (other than when requested to give a reference on current or former co-workers or subordinates seeking new employment), nor carry a judiciary business card unless authorized by the appointing authority.

14. Not solicit, accept, or agree to accept any gifts, loans, gratuities, discounts, favors, hospitality, or services directly or indirectly from any attorney or other person who has had or is likely to have any professional or official transaction with such employee or with the employee's court or office.

15. Not solicit, accept or agree to accept any gifts, loans, gratuities, discounts, favors, hospitality, or services from anyone:

1) based on any understanding, whether explicit or implicit, that the official actions, decisions, or judgment of any employee would be influenced thereby;
2) under circumstances from which one reasonably could infer that the purpose of the donor is to influence the court employee in the performance of official duties.

16. not work by being unduly affected by favoritism, cronyism, kinship, rank, position, or influence of any person in the discharge of official duties.

17. Not request or accept any outside fee or additional compensation for advice or assistance given in the course of the employment.

18. Regulate outside activities to minimize the risk of conflict with court-related duties. Generally a conflict of interest exists when the court employee's objective ability or independence of judgment in the performance of his or her job is impaired or reasonably may appear to be impaired. Outside employment or other activities, whether related to judicial administration or not, must not involve the court employee in conflict of interest nor appear to do so, nor encroach on or conflict with judiciary-related duties.

19. Take the court-related duties first over all outside activities.

20. Take his/her position with the court system as the primary employment. If any non-paying activities are undertaken for social welfare, they must be capable of being fulfilled regularly outside of normal working hours.

21. make utmost efforts to deliver the decision at the earliest.

22. Accept the assignment or teach, lecture, or write on any subject, so long as:

I. any compensation is commensurate with the prevailing rate;

II. any presentation or document clearly states that the employee is not speaking on behalf of the Court or the judiciary system, unless the employee has expressly been authorized to do so; and
III. no confidential information is disclosed.

23. For law clerks, permission to teach, lecture or write should require approval of the judge for whom the law clerk works.

24. Obtain the written permission of the Administrative Director prior to undertaking outside consulting work;

25. Not engage in outside employment that involves the use of judiciary equipment, materials, supplies, telephone services, office space, computer time, or facilities.

26. Not engage in outside employment that requires, induces, or encourages the employee to disclose information acquired in the course of the judiciary employment. Information obtained during employment with the judiciary should not be used for the benefit of the outside employment.

27. Not accept any job after retirement.

28. Not engage in outside employment with attorneys, persons, or business entities who regularly appear in court or regularly providing goods or services to the judiciary.
28. Not engage in outside employment that involves any kind of supervisory relationship with another judiciary employee when a supervisory relationship exists in their judiciary employment. 29. Not engage in political activity. In particular a judiciary employee should not:

1. hold an elective governmental office or position.

2. be a candidate for such office or position.

3. hold an office or position of leadership in or serve as spokesperson for a political party, organization, or club supporting partisan political activity.

The above list is not exhaustive and can be modified/added to but with intention to provide a healthy judicial system to the nation so that all the people may feel mental peace if someone tries to encroach upon his interests or hurt him physically, economically or socially.

Be Happy – Ensure Appropriate Distribution of Wealth Amongst All.

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