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ETHICS IN PUBLIC SERVICE. South Texas County Judges and Commissioners Association 2019 Annual Conference San Antonio, TX. PRESENTED BY. SEANA WILLING Chief Disciplinary C ounsel State Bar of Texas Seana.Willing@TEXASBAR.COM. ETHICS IN PUBLIC SERVICE: OXYMORON?. GOT ETHICS?.
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ETHICS IN PUBLIC SERVICE South Texas County Judges and Commissioners Association 2019 Annual Conference San Antonio, TX
PRESENTED BY SEANA WILLING Chief Disciplinary Counsel State Bar of Texas Seana.Willing@TEXASBAR.COM
GOT ETHICS? “Ethics is knowing the difference between what you have a right to do and what is right to do.” • Justice Potter Stewart United States Supreme Court 1958-1981
CONDUCT THAT ERODES PUBLIC TRUST/BRINGS PUBLIC DISCREDIT • CRIMINAL CONDUCT • CONDUCT THAT VIOLATES OTHER LAWS • UNETHICAL CONDUCT • APPEARANCE OF IMPROPRIETY
CRIMINAL CONDUCT • ABUSE OF OFFICE • ABUSE OF OFFICIAL CAPACITY • OFFICIAL OPPRESSION • MISUSE OF OFFICIAL INFORMATION • BRIBERY AND CORRUPT INFLUENCE • COERSION • TAMPERING WITH WITNESS • GIFT • HONORARIUM • OBSTRUCTION OR RETALIATION
CRIMINAL CONDUCT • ELECTION CODE VIOLATIONS (Yes…criminal offenses in most cases) • OPEN MEETINGS VIOLATIONS • FRAUD, THEFT, AND OTHER CRIMES OF MORAL TURPITUDE • TAMPERING WITH GOVERNMENT RECORD • PERJURY • DWI/DUI/PUBLIC INTOXICATION
CONDUCT THAT VIOLATES OTHER LAWS • SEXUAL HARASSMENT • DISCRIMINATION • RETALIATION
UNETHICAL CONDUCT • VIOLATION OF CODE OF JUDICIAL CONDUCT • VIOLATION OF CONFLICTS OF INTEREST • FAILURE TO DISQUALIFY/RECUSE WHEN APPROPRIATE
APPEARANCE OF IMPROPRIETY • CONDUCT MAY NOT BE ILLEGAL OR UNETHICAL PER SE, BUT APPEARS TO THE PUBLIC TO BE IMPROPER • INFLAMATORY/CONTROVERSIAL POSTS ON SOCIAL MEDIA • LOSING PATIENCE/TEMPER AND/OR USING PROFANITY OR DEROGATORY LANGUAGE DURING PUBLIC MEETING • CERTAIN POLITICAL ACTIVITY
CHARACTER COUNTS “We judge ourselves by our best intentions and most noble acts but we will be judged by our last worst act.” • Michael Josephson
CHARACTER COUNTS • Government affects us directly on a daily basis • Don’t be content with moderately decent behavior from public officials • Even a few instances of bad behavior from public officials can do a lot of harm