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Supreme Court of Pennsylvania
Code of Conduct For Employees of the Unified Judicial System
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INTRODUCTION
A fair and independent court system is essential to the administration of justice. Proper
conduct by employees of the Unified Judicial System of Pennsylvania (UJS) inspires public
confidence and trust in the courts, and conveys the values of impartiality and fairness that
promote the integrity of the work of the Unified Judicial System.
n employee of the Unified Judicial System shall observe high standards of conduct so that
the integrity and independence of the judiciary are preserved and the employee’s conduct
reflects a commitment to serving the public. The provisions of this Code shall be applied to
further these objectives.
mployees of the Unified Judicial System shall observe the following standards of conduct.
However, the standards of this Code shall not affect or preclude other more stringent
standards required by law, by court order or rule, or other workplace policies.
I.
SCOPE
For the purposes of this Code, the term “Employees of the Unified Judicial System” includes 1)
all state-level court employees, 2) all county-level court employees who are under the
supervision and authority of the President Judge of a Judicial District of Pennsylvania, unless
otherwise indicated by Supreme Court order or rule and, 3) all employees of boards
established by Order of the Supreme Court of Pennsylvania, including, but not limited to, the
following - Continuing Legal Education Board, Disciplinary Board of the Supreme Court of
Pennsylvania, Interest on Lawyers Trust Account Board, Pennsylvania Lawyers Fund for
Client Security Board and Pennsylvania Board of Law Examiners.
ote: Judges and magisterial district judges are covered by the Code of Judicial Conduct and the Rules
Governing Standards of Conduct of Magisterial District Judges, respectively, and therefore are not
included in the scope of this Code.
II.
CONFIDENTIALITY
Employees of the Unified Judicial System shall safeguard confidential information
acquired in the course of their employment. Employees shall not disclose or use
confidential information for any purpose not connected with the performance of their
official duties.
For the purpose of this section, “confidential information” is that required to be kept
confidential pursuant to federal law, state law, court rule, court order, administrative
regulation, policy or directive. Confidential information includes, but is not limited to:
data, source code, notes, papers, memoranda, discussions, deliberations, proprietary
information and electronic communications, such as e-mail or facsimile.
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Acceptance of Gifts and/or Use of Position for Personal Gain. Employees of the
Unified Judicial System shall not solicit, accept or agree to accept anything of value
from any person or entity doing or seeking to do business with, or having an interest in a
matter before, the court or court-related entity by which they are employed, subject to
the following exceptions:
i.
acceptance of a gift from a family member when the circumstances make it
clear that the purpose is personal;
Note: "Family member" is defined as spouse, child, brother, sister, parent, grandparent,
grandchild,
father-in-law, mother-in-law, sister-in-law, brother-in-law, son-in-law,
daughter-in-law, stepfather, stepmother, stepson, stepdaughter, uncle, aunt, niece,
nephew and first cousin.
acceptance of meals or refreshments of nominal value in the ordinary course of
a meeting, conference or other official business;
acceptance of loans from banks or other financial institutions on similar terms
offered to the public for purposes such as a home mortgage;
acceptance of gifts of nominal value for special occasions such as marriage,
illness or retirement;
acceptance of a plaque or other item offered as a token of appreciation for a
public appearance;
acceptance of educational materials directly related to the employee’s duties;
and
acceptance of unsolicited advertising or promotional material of nominal value,
such as pens, pencils, note pads, calendars and items of apparel with vendor
logo.
ote: Employees must exercise diligence in observing high standards of conduct that
promote the integrity and impartiality of the Unified Judicial System. If it might
reasonably be inferred that the donor’s primary purpose in providing the unsolicited
advertising or promotional material is to influence an employee in the performance of
official duties, acceptance of the unsolicited material should be declined.
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Employees shall report any prohibited offer or gift from any person or entity doing or
seeking to do business with, or having an interest in a matter before, the court or court-
related entity by which they are employed to their designated supervisor.
Acceptance of Additional Compensation. Employees of the Unified Judicial
System shall not solicit or accept any additional compensation or anything of value from
any other source for performing the duties and responsibilities of their position.
Code of Conduct for Employees of the Unified Judicial System
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The work product of former employees of the Unified Judicial System shall remain
confidential. Upon termination from employment, employees may, with the permission
of their supervisor, take with them copies of written material in which they participated
as a part of a personal file, but shall not release such writings to any other party without
the written consent of the court or other court-related entity that the employee served.
"Work product" does not include documents that are published or filed of public record.
V.
CONFLICTS OF INTEREST AND RELATED PROHIBITIONS
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Code of Conduct for Employees of the Unified Judicial System
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Employees shall not accept honoraria or fees given for speaking in their official
capacity, but may be reimbursed for related travel expenses. Employees may accept
such fees for speaking engagements for appearances unrelated to their employment
and made on their own time.
Special Treatment and/or Special Favors. Employees of the Unified Judicial
System shall not permit family, social, or other relationships to influence their official
conduct or judgment, or to create the appearance of influencing their official conduct.
Employees shall inform their supervisor of any situation creating undue influence or
the appearance of undue influence.
Employment Practices. Employees of the Unified Judicial System shall make all
hiring, employment, and supervisory decisions in compliance with the Unified Judicial
System of Pennsylvania Policy on Non-Discrimination and Equal Employment
Opportunity, the Rules of Judicial Administration, and all applicable state and federal
laws. Employees of the Unified Judicial System shall avoid favoritism, or the
appearance of favoritism, when making hiring, employment, and supervisory decisions
and shall make such decisions impartially and on the basis of merit.
Note: Reflecting the values of impartiality and fairness that promote the integrity of
Pennsylvania’s courts, it is the policy of the Unified Judicial System to recruit and employ the
most qualified job applicants through an open and competitive hiring process which allows for a
full, complete, and unbiased assessment of each applicant’s relative knowledge, experience,
skills, and abilities.
Misuse of Employment Position, Equipment, or Supplies. Employees of the
Unified Judicial System shall not use the resources, employees, property, facilities,
equipment, time, or funds under their control to improperly benefit themselves or any
other person.
Personal and Financial Interests. Employees of the Unified Judicial System shall
not participate in any court- or work-related matter wherein they have more than a
minimal personal or financial interest.
Duty to Disclose. If a conflict of interest should arise, the employee shall
immediately advise his or her supervisor. If the supervisor determines that a conflict
of interest exists, then the employee shall abide by any employment restrictions that
are deemed to be necessary.
Employees of the Unified Judicial System shall not engage in political activity that is
inconsistent with the independence, integrity, or impartiality of the Judiciary. The Supreme
Court of Pennsylvania has defined prohibited and permitted activities as follows:
Running for or Being Appointed to Publicly Elected Office. Employees of the
Unified Judicial System shall not become candidates, or campaign for, any publicly
elected office. In the event an employee chooses to become a candidate for, or is
appointed to, a publicly elected office, he or she must resign from his or her position at
the close of business on the earliest date on which the employee:
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Publicly announces his or her candidacy;
Forms or authorizes the formation of a campaign committee;
POLITICAL ACTIVITY
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Code of Conduct for Employees of the Unified Judicial System
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Solicits funds for a campaign;
Begins to circulate nomination petitions or nominating papers;
Takes an oath of office; or
Takes any other public actions that could be construed as an effort to run for
publicly elected office.
ob applicants who hold elected public or party office at the time they are seeking to
become employees of the Unified Judicial System must resign from such office
effective as of the day before their first day of judiciary employment.
ote: In accordance with Sections VI.A. and VI.E., job applicants also may be required to resign
from certain non-elected positions effective as of the day before their first day of judiciary
employment if continuing in the position would detract from the impartiality of the judiciary or
interfere with the performance of their official duties.
B.
Supporting a Political Organization or Candidate Running for Publicly Elected
Office. Employees of the Unified Judicial System shall not engage in the following
activities in support of, or in opposition to, a political organization or candidate running
for publicly elected office. For purposes of this section, “political organization” is
defined as a political party or group sponsored by or affiliated with a political party or
candidate, the principal purpose of which is to further the election or appointment of
candidates for publicly elected office.
Serving, or agreeing to be considered to serve, as a committee person or
officer of a political organization;
Working at a polling place in support of, or in opposition to, a candidate for
publicly elected office on Election Day;
Working in a non-partisan role as an officer of a local election board (see Pa.
Const. art. VII, § 12) or in any capacity to assist local elections officers (see 25
P.S. § 2674) at a polling place or any other location;
Directly or indirectly soliciting, receiving, collecting, handling, disbursing, or
accounting for contributions or other funds for a political organization or
candidate running for publicly elected office;
Contributing anything of value to a political organization or candidate running
for publicly elected office;
Organizing, selling tickets to, promoting or actively participating in any
fundraising activities for a political organization or candidate running for publicly
elected office;
Managing a political campaign of a candidate running for publicly elected office;
Performing volunteer work in a political campaign for a candidate running for
publicly elected office;
Soliciting votes in support of, or in opposition to, a candidate running for publicly
elected office;
Publicly endorsing or opposing a candidate running for publicly elected office or
showing demonstrable support for, or opposition to, a candidate (examples
include, but are not limited to, wearing buttons or hats, carrying signs or
banners, or utilizing social media in a manner that clearly and distinctly
indicates the employee’s intention to publicly endorse or oppose a candidate);
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Code of Conduct for Employees of the Unified Judicial System
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Placing signs on his or her property or displaying bumper stickers on his or her
vehicle endorsing or opposing a candidate running for publicly elected office,
except that a joint homeowner or member of the employee’s household may do
so;
Initiating or circulating nomination petitions or nominating papers; or
Attending paid political events where the event’s nature is inherently political
and proceeds would fund political activities.
C.
Permitted Political Activities. Employees of the Unified Judicial System may take
part in the following activities related to political campaigns and processes, provided
they do not identify themselves as employees of the Unified Judicial System.
Signing a nominating petition or nominating paper outside of the workplace;
Appearing in campaign materials with a member of the employee’s family
(defined as the spouse, child, grandchild, parent, grandparent, or other relative
or person with whom the employee maintains a close familial relationship) who
is running for publicly elected office;
Attending a free, campaign-sponsored event or a free victory celebration that is
open to the public, but employees may not demonstrate support for, or
opposition to, a candidate running for publicly elected office (such as wearing
buttons or hats) while attending the event;
Supporting or opposing a ballot question not specifically identified with a
particular political organization or candidate running for publicly elected office,
such as a referendum or constitutional amendment;
Note: Employees are cautioned against publicly supporting or opposing a ballot
question that directly impacts the judiciary so that their personal opinion is not
construed as representing the official position of the employee or the UJS (see Section
VI.C.);
v.
Registering to vote and voting in any election.
Responsibility for Addressing Political Activity Issues: The Chief Justice of the
Supreme Court or his/her designee, the President Judge of each appellate court and
judicial district, and the Court Administrator of Pennsylvania are responsible for
interpretation and enforcement of these political activity policies for the UJS employees
falling under their supervision and authority. To maintain consistency of application,
the AOPC is responsible for providing guidance to these individuals, or their designees,
regarding the political activity policies in this section.
I.
PERSONAL RELATIONSHIPS AND ACTIVITIES
Employees of the Unified Judicial System may participate in civic and charitable
activities that do not detract from the impartiality of the judiciary or interfere with the
performance of their official duties or the functioning of the workplace. Employees may
serve as officers, directors, trustees, or non-legal advisors of educational, religious,
charitable, fraternal, social or civic organizations, and may solicit funds for any such
organization, subject to the limitation that the name and prestige of the court shall not
be used in the solicitation of funds and funds are not knowingly solicited from parties or
attorneys who are likely to come before the court by which they are employed.
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Code of Conduct for Employees of the Unified Judicial System
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Employees of the Unified Judicial System may write, lecture, teach, and speak on legal
or non-legal subjects provided that such activities do not detract from the impartiality of
the judiciary and/or interfere with the performance of their official duties.
Employees of the Unified Judicial System shall not state personal opinions, except to
other UJS employees, regarding any legal or administrative matter that is pending
before any UJS court or entity when the personal opinion of the employee may
reasonably be construed as representing the official position of the employee or the
official position of a UJS court, jurist, entity or another employee.
Note: Rule 2.10 of the Code of Judicial Conduct provides in part, as follows: Rule 2.10. Judicial
Statements on Pending and Impending Cases. (A) A judge shall not make any public
statement that might reasonably be expected to affect the outcome or impair the fairness of a
matter pending or impending in any court, or make any nonpublic statement that might
substantially interfere with a fair trial or hearing. (B) A judge shall not, in connection with cases,
controversies, or issues that are likely to come before the court, make pledges, promises, or
commitments that are inconsistent with the impartial performance of the adjudicative duties of
judicial office. (C) A judge shall require court staff, court officials, and others subject to
the judge’s direction and control to refrain from making statements that the judge would
be prohibited from making by paragraphs (A) and (B). See also Rule 2.10 of the Rules
Governing Standards of Conduct of Magisterial District Judges.
Employees of the Unified Judicial System shall not require, request or accept the offer
of any subordinate to perform tasks of a personal nature.
Employees of the Unified Judicial System shall not engage in financial or business
dealings or in any other personal activities that may detract from the impartiality of the
judiciary, may otherwise interfere with the performance of their official duties, or may
exploit the employee’s official position.
Employees of the Unified Judicial System may engage in outside employment or
commercial activity that does not interfere or conflict with their official duties. Outside
employment or commercial activities must be reported in writing in advance to the
employee’s supervisor. Business transactions that are strictly personal, minor or
incidental need not be reported.
Before engaging in any outside employment that involves the practice of law, the legal
system or the administration of justice, the employee shall first consult with his or her
supervisor to determine whether the proposed position is consistent with the standards
in this Code.
This requirement does not extend to official representation of the UJS and its
constituent parts, judicial officers and employees in any state or federal court or
tribunal. Nor does this requirement extend to the limited representation of the
employee’s relatives or self, but such limited representation is subject to prior approval
by the employee’s supervisor and to the disclosure of UJS employment to the parties
and the court in which the employee enters an appearance or represents him/herself in
a matter.
Note: The Supreme Court has adopted several specific policies respecting the practice of law,
other than on behalf of the UJS: (1) Pennsylvania Rule of Appellate Procedure 3121 prohibits
the practice of law by appellate court staff except in limited circumstances. (2) Pursuant to the
Supreme Court’s Per Curiam Order dated December 11, 2014 (effective September 11, 2015),
law clerks employed in the Unified Judicial System are prohibited from appearing as counsel in
the division/section of the court in which they are employed or in which the judge by whom they
are employed serves. Further, in courts which have no formally established divisions or
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Employees of the Unified Judicial System:
shall treat all persons respectfully and impartially;
shall work diligently at all times;
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shall comply with all lawful directives unless such compliance would be
injurious to the health or safety of themselves or others;
shall avoid impropriety and the appearance of impropriety in all activities;
shall cooperate fully with any internal investigation conducted by their employer;
shall not engage in any form of discrimination, harassment, or retaliation
against any person as prohibited by law or court policy;
shall not engage in any form of violence, threat of violence, or disruptive
conduct;
shall not make intentionally false or misleading statements when performing
their duties;
shall not falsify, or improperly alter or destroy work-related documents or
records;
shall not improperly use or destroy court property;
shall not be impaired by alcohol, drugs, medications or other intoxicating
substances while on duty;
shall not give legal advice except as specifically authorized by their employer;
shall refer all requests for information from other government entities, the
media, and/or the public to those individuals who have been formally
designated to respond to such inquiries; and
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shall not illegally possess weapons or controlled substances in the workplace.
Code of Conduct for Employees of the Unified Judicial System
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sections, law clerks are prohibited from appearing as counsel in the court itself. (3) Pursuant to
the Supreme Court’s Per Curiam Order dated December 29, 2015 (effective January 1, 2017),
an attorney employed in the Unified Judicial System is prohibited from appearing as counsel
(except in a pro se capacity) in the division/section of the court in which the attorney is
employed. Further, in courts that have no formally established divisions or sections, or for an
attorney who is not employed within a division or section, the attorney is prohibited (except as to
pro se matters) from appearing as counsel in the court itself.
II. GENERAL STANDARDS OF CONDUCT
Employees of the Unified Judicial System shall conduct themselves in an appropriate
and lawful manner at all times and shall adhere to all UJS policies including, but not
limited to, the standards of conduct outlined in Section VII.B below.
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Employees of the Unified Judicial System shall report to their immediate supervisor any
attempt by anyone to induce them to violate any provision of this Code of Conduct or
any policy of the Unified Judicial System. Discrimination or retaliation against an
employee based on a good faith report of wrongdoing or participation in an
investigation, hearing or inquiry held by an appropriate authority is strictly prohibited.
III. DUTY TO REPORT
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Published: 10/01/2010
Revised: 12/2014
Revised: 05/2016
Revised: 09/2018
Revised: 01/2019
Code of Conduct for Employees of the Unified Judicial System
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Employees who are arrested, charged with, or convicted of a crime (other than
summary traffic offenses that do not hinder or prevent the performance of their official
duties) in any jurisdiction shall report this fact to their immediate supervisor at the
earliest reasonable opportunity.
Employees of the Unified Judicial System shall, upon request, be required to complete
and file a personal statement of financial disclosure on a form to be provided by the
AOPC for this purpose for any period during which they were employed by the Unified
Judicial System.
IX. DESIGNATED SANCTIONS
Employees of the Unified Judicial System who fail to properly follow these standards of
conduct will be subject to disciplinary action including the termination of their employment. The
applicable disciplinary policies for state-level court employees are outlined in the Personnel
Policies of the Unified Judicial System. The President Judge of each Judicial District is
responsible
for county-level court
employees. Counsel to the Supreme Court, acting on behalf of the Supreme Court is
responsible for designating the applicable disciplinary policies for employees of boards
established by Order of the Supreme Court of Pennsylvania.
the applicable disciplinary policies
for designating
DISSEMINATION AND IMPLEMENTATION
The Court Administrator of Pennsylvania, acting on behalf of the Supreme Court of
Pennsylvania, shall be responsible for the dissemination and implementation of these
guidelines for all state-level court employees.
he President Judge of each judicial district shall be responsible for the dissemination and
implementation of these guidelines for all county-level court employees covered by this Code
of Conduct.
ounsel to the Supreme Court, acting on behalf of the Supreme Court, shall be responsible for
the dissemination and implementation of these guidelines for all employees of boards
established by Order of the Supreme Court of Pennsylvania.
tate-level court employees having questions regarding this Code of Conduct should contact
1) their employing Justice or Judge, 2) their employing court’s Executive Administrator, or 3)
AOPC Human Resources at 717-231-3309 or Human.Resources@pacourts.us.
ounty-level court employees having questions regarding this Code of Conduct should
contact their President Judge or District Court Administrator.
mployees of boards established by Order of the Supreme Court of Pennsylvania having
questions regarding this Code of Conduct should contact Counsel to the Supreme Court.
n electronic version of the Code of Conduct is available on the Unified Judicial System’s
website at www.pacourts.us.
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