Canon 2.3: Misconduct of Others

A court professional should expect fellow professionals to abide by the canons set out in this code.

A court professional shall report to the appropriate authority the behavior of any court professional who violates this code including, but not limited to, potential conflicts of interest involving one’s duties and attempts to inappropriately influence one in performing one’s duties.

Comments

Employees are often fearful of the ramifications of exposing their friends, but that does not diminish the import of this canon. We are all aware of numerous public agency and private corporate examples demonstrating the effects of not reporting. Minor violations can most certainly be resolved with lower level counseling. It is important that each court designate “appropriate authorities” as mentioned in the commentary on common terms. Possibly different authorities can be designated for differently classes of situations. Some situations might be appropriately dealt with by a supervisor; others might require the intervention of the presiding judge.

This canon requires the professional to determine either another individual has violated this code, possibly with incomplete information. This situation can prove problematic, or even dangerous.

Articles

A Supervisor's Dilemma

The Evening Shift

Techno-Ethics

Whistleblowers

A Genuine Hero

Citizenship

Proof? ... You Want Proof?