US JUDICIAL EMPLOYEES

1. US JUDICIAL EMPLOYEES Professor Delaine R. Swenson

2. UNITED STATES: 53 Court Systems 50 States; Federal; DC, P.R.

3. US Court System

4. FEDERAL COURTS

5. US FEDERAL CIRCUIT COURTS

6. US JUDICIARY • Fully Independent Branch of Government. • Funds subject to the political process. • Administration in the hands of the judiciary independent from other branches of government. • This includes all hiring and firing decisions involving court personnel. • Judiciary zealously guards its independence. Example: WSBA Unionization.

7. US JUDGES BY JURISDICTION

8. US CASES BY JURISDICTION

9. US JUDICIAL EMPLOYEE CATAGORIES • JUDICIAL EMPLOYEES • PROFESSIONAL EMPLOYEES (LEGAL) • ADMINISTRATIVE

10. CATEGORY 1: JUDICIAL • APPLIES TO EMPLOYEES WHO CARRY OUT SOME SORT OF QUASI-JUDICIAL FUNCTION SIMILAR TO JUDGES. • INCLUDES MAGISTRATES, PARA-JUDGES AND COURT COMMISSIONERS. • OFTEN DEAL WITH PRELIMINARY MATTERS IN CIVIL AND CRIMINAL CASES PRIOR TO TRIAL

11. CATEGORY 2: PROFESSIONAL (LEGAL) • REFERS TO LAWYERS OR OTHERS REQUIRING A SPECIALIZED EDUCATION • STAFF ATTORNEYS • LAW CLERKS

12. CATEGORY 3: ADMINISTRATIVE • OFTEN KNOWN AS CLERKS OF THE COURT • OVERSEE ALL ADMINISTRATIVE ACTIONS THAT SUPPORT THE WORK OF THE JUDGES AND THE OPERATIONS OF THE COURT SYSTEM. • SOME SPECIALIZED POSITIONS (I.E. I.T., PERSONNEL MANAGEMENT, PUBLIC RELATIONS, ETC.)

13. JUDICIAL EMPLOYEE UNION RIGHTS • FEDERAL AND STATE LAW GIVE JUDICIAL EMPLOYEES THE RIGHT TO JOIN UNIONS AND ENTER INTO COLLECTIVE BARGAINING AGREEMENTS. • MANAGEMENT, SUPERVISORY OR CONFIDENTIAL EMPLOYEES DO NOT HAVE COLLECTIVE BARGAINING RIGHTS • DUE TO THE UNIQUE PLACE OF THE COURT SYSTEM IN SOCIETY THERE ARE SOME LIMITATONS EMPLOYEES MUST FACE.

14. ITEMS EXCLUDED FROM COLLECTIVE BARGAINING AGREEMENTS • (1) The merits and administration of the court system; • (2) Coordination, consolidation, and merger of courts and support staff; • (3) Automation, including, but not limited to, fax filing, electronic recording, and implementation of information systems; • (4) Design, construction, and location of court facilities; • (5) Delivery of court services; • (6) Hours of operation of the trial courts and trial court system.

15. JUDICIAL EMPLOYEES CODE OF CONDUCT • SIMILAR TO JUDICIAL CODES OF CONDUCT • DESIGNED TO AVOID NOT ONLY ACTUAL CONFLICTS BUT ALSO THE “APPEARNCE OF CONFLICTS. • VIOLATION OF THE CODE CAN LEAD TO DISMISSAL. • CODES ARE USUALLY APPLIED VERY RIGIDLY.

16. EXAMPLES OF CANONS USED IN ETHIC CODES FOR JUDICIAL EMPLOYEES • 1: A Judicial Employee Should Uphold the Integrity and Independence of the Judiciary and of the Judicial Employee's Office; • 2: A Judicial Employee Should Avoid Impropriety and the Appearance of Impropriety in All Activities; • 3: A Judicial Employee Should Adhere to Appropriate Standards in Performing the Duties of the Office;

17. EXAMPLES OF CANONS USED IN ETHIC CODES FOR JUDICIAL EMPLOYEES • 4: In Engaging in Outside Activities, a Judicial Employee Should Avoid the Risk of Conflict with Official Duties, Should Avoid the Appearance of Impropriety, and Should Comply with Disclosure Requirements; • 5: A Judicial Employee Should Refrain from Inappropriate Political Activity

18. ISSUES: • ELECTION OF CHIEF COURT CLERKS • INDIVIDUAL JUDICIAL POWER TO HIRE COURT RECORDERS OR OTHER COURT STAFF VS. CENTRALIZED HIRING • INCLUSION IN BROADER GOVERNMENT EMPLOYEE PROGRAMS