LEARNING OBJECTIVES ADDRESSING DECORUM

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1 Allen Gilbert Presiding Judge, City of San Angelo LEARNING OBJECTIVES Recognize that decorum can improve the court experience for all participants Find a balance between formality and practicality Identify and address situations in the court experience that create a lack of confidence Justice does not depend upon legal dialectics so much as upon the atmosphere of the courtroom, and that in the end depends primarily upon the judge. -Judge Learned Hand ADDRESSING DECORUM Texas Code of Judicial Conduct News coverage (generally examples of poor decorum) Other communications: Facebook, YouTube, Blogs 1

2 CANON 1 Upholding the Integrity and Independence of the Judiciary. CANON 2 Avoiding Impropriety and the Appearance of Impropriety in all of the Judge s Activities. CANON 3 Performing the Duties of Judicial Office Impartiality in all of the Judge s Activities. 2

3 CANON 4 Conducting the Judge s Extra Judicial Activities to Minimize the Risk of Conflict with Judicial Obligations. CANON 5 Refraining from Inappropriate Political Activity. CANON 6 Compliance with the Code of Judicial Conduct. 3

4 COURT DECORUM Function & Organization Symbolic Value Design of a Courtroom or Court Area Security FUNCTION AND ORGANIZATION See that your courtroom or area is functional Can Defendants approach the bench? Can Defendants hear the Judge? Does the Judge s bench/desk look like a bench? Is your Courtroom organized? Do you have a place for Defendants to be seated? Do you have a separate chair for a witness? SYMBOLIC VALUE Definition: Serving as a symbol of something pertaining to or expressed by a symbol What is symbolic in the Courtroom? Bench Flags Gavel Judge s Robe 4

5 SYMBOLIC VALUE Why? DESIGN OF A COURTROOM OR COURT AREA If you use a Courtroom or Court Area, see that it appears to be a Court Bench or Desk that people know is the Judge Tables for Prosecutor and Defendant Jury Area Witness Area DESIGN OF A COURTROOM OR COURT AREA Design your Courtroom or Area that Defendants will know they are in Court 5

6 SECURITY Security starts at the front door Have a bailiff or someone watch as people enter your Courthouse Have a bailiff or someone in the Court that can take action if any problems arise or can call for help, if needed The Court Judge can appoint any person to act as bailiff SECURITY Design exits for Judge, Court Personnel and the Public Ethically, all Texas judges are required to maintain order and decorum in proceedings before the court. Texas Code of Judicial Court, Canon 3(B)(3) 6

7 INFORMING PATRONS OF THE RULES OF COURT DECORUM Prominent Posting of Rules Enclosures Signed Endorsements? PRO SE DEFENDANTS Dealing with Pro Se Defendant out of Court Develop procedures and standing orders for support personnel for processing walk in defendants. Instruct support personnel not to give legal advice. They may inform individuals of the procedures, but not suggest or recommend a particular course of action. When a guilty plea is processed or fine paid, the clerk should verify it is being done by the defendant or a person authorized to act for the defendant. PRO SE DEFENDANTS Dealing with the Pro Se Defendant in Court Proceedings Remind the defendant that conversations with judge are court proceedings. Emphasize the right to retain counsel. Reasonable accommodations should be provided to defendants who appear in court pro se but who after being advised of their right to counsel wish to seek the assistance of counsel. If the defendant chooses to represent himself or herself, inquire whether the defendant understands the consequences of proceeding without counsel. The judge should be aware of the defendant s ignorance of legal procedure and rules of evidence in maintaining order and court decorum. 7

8 COURT PERSONNEL DUTIES Clerk Keep summaries of court actions in an appearance docket ; Maintain case files; Collect fines, fees and forfeitures; and Distributes or expends collected monies and reports to the different agencies provided by law. Bailiff Provide Security and Maintain Security Transport Defendants Maintain Order and Communicate Instructions or Procedures Stock and Fill Supplies or Maintain Equipment Work with Juries Sees that the flag of the United States of America and the flag of the State of Texas are displayed. COURT PERSONNEL DUTIES Attorneys Attorneys shall observe the letter and spirit of all canons of ethics. Attorneys shall advise their clients and witnesses of the Rules of Decorum and Conduct that may be applicable to them. Attorneys are not excused for arriving late even if in another Court, unless previous arrangements and approval of the Judge has been given. All remarks of counsel to the Court shall be addressed to the Court formally. Do not approach the Judge s bench or Clerk s desk without permission. Do not rest arms or hands on the bench. All personnel Turn off all cell phones, computers, ipads, pagers, and all other electronic devices. No food, gum or drinks are permitted within the courtroom. PROPER COURT ATTIRE The following should not be worn: Shorts or cut offs Low cut blouses or tops Short skirts or dresses Sleeveless shirts Clothing with offensive vulgar, racist, sexist, obscene lewd or suggestive words, slogans, depictions or pictures; and Excessively baggy clothing and pants worn below the waistline Hats, caps, bandanas or headgear shall not be worn in the courtroom 8

9 COURT DECORUM Appropriate clothing Inappropriate clothing COURT DECORUM HEAVY METAL IN THE COURTROOM How do we handle? Tattoos Facial Piercings 9

10 HOW TO HANDLE BABIES AND SMALL CHILDREN??Does this look familiar? What would you do? CONCLUSION Court decorum is vital to maintaining the integrity of the court. The Judge is an important part of maintaining court decorum. Attendees generally want to respect the court system. Many visitors to municipal court are there for their first and only time. Other attendees were born and raised in other countries and have no idea how a court must operate. CONCLUSION It is the Judge s responsibility to balance formality and practicality with understanding. The most common reason for lax decorum is a general failure to appreciate its importance. 10

11 CHAPTER FORTY-FIVE. JUSTICE AND MUNICIPAL COURTS SUBCHAPTER A. GENERAL PROVISIONS Art Objectives of Chapter The purpose of this chapter is to establish procedures for processing cases that come within the criminal jurisdiction of the justice courts and municipal courts. This chapter is intended and shall be construed to achieve the following objectives: (1) to provide fair notice to a person appearing in a criminal proceeding before a justice or municipal court and a meaningful opportunity for that person to be heard; (2) to ensure appropriate dignity in court procedure without undue formalism; (3) to promote adherence to rules with sufficient flexibility to serve the ends of justice; and (4) to process cases without unnecessary expense or delay. Added by Acts 1999, 76th Leg., ch. 1545, 6, eff. Sept. 1, Art Application of Chapter Criminal proceedings in the justice and municipal courts shall be conducted in accordance with this chapter, including any other rules of procedure specifically made applicable to those proceedings by this chapter. If this chapter does not provide a rule of procedure governing any aspect of a case, the justice or judge shall apply the other general provisions of this code to the extent necessary to achieve the objectives of this chapter. Added by Acts 1999, 76th Leg., ch. 1545, 6, eff. Sept. 1, Art Definition for Certain Prosecutions For purposes of dismissing a charge under Section or , Transportation Code, "day" does not include Saturday, Sunday, or a legal holiday. Added by Acts 1999, 76th Leg., ch. 1545, 6, eff. Sept. 1, SUBCHAPTER B. PROCEDURES FOR JUSTICE AND MUNICIPAL COURTS Art [905] [997] [962] Rules of Evidence The rules of evidence that govern the trials of criminal actions in the district court apply to a criminal proceeding in a justice or municipal court. Acts 1965, 59th Leg., vol. 2, p. 317, ch Renumbered from Vernon's Ann.C.C.P. art and amended by Acts 1999, 76th Leg., ch. 1545, 8, eff. Sept. 1, Art Electronically Created Records (a) Notwithstanding any other provision of law, a document that is issued or maintained by a justice or municipal court or a notice or a citation issued by a law enforcement officer may be created by electronic means, including optical imaging, optical disk, digital imaging, or 1 Court Decorum

12 other electronic reproduction technique that does not permit changes, additions, or deletions to the originally created document. (b) The court may use electronic means to: (1) produce a document required by law to be written; (2) record an instrument, paper, or notice that is permitted or required by law to be recorded or filed; or (3) maintain a docket. (c) The court shall maintain original documents as provided by law. (d) An electronically recorded judgment has the same force and effect as a written signed judgment. (e) A record created by electronic means is an original record or a certification of the original record. Text of subsec. (f) as added by Acts 1999, 76th Leg., ch. 701, 2 (f) A statutory requirement that a document contain the signature of any person, including a judge, clerk of the court, or defendant, is satisfied if the document contains that signature as captured on an electronic device. Text of subsec. (f) as relettered from subsec. (e) by Acts 1999, 76th Leg., ch. 1545, 9 (f) A printed copy of an optical image of the original record printed from an optical disk system is an accurate copy of the original record. (g) A justice or municipal court shall have a court seal, the impression of which must be attached to all papers issued out of the court except subpoenas, and which must be used to authenticate the official acts of the clerk and of the recorder. A court seal may be created by electronic means, including optical imaging, optical disk, or other electronic reproduction technique that does not permit changes, additions, or deletions to an original document created by the same type of system. Added by Acts 1995, 74th Leg., ch. 735, 2, eff. Sept. 1, Subsec. (a) amended by Acts 1999, 76th Leg., ch. 701, 2, eff. Aug. 30, 1999; Subsec. (f) added by Acts 1999, 76th Leg., ch. 701, 2, eff. Aug. 30, Renumbered from Vernon's Ann.C.C.P. art and amended by Acts 1999, 76th Leg., ch. 1545, 9, eff. Sept. 1, Art Filing With Clerk by Mail (a) Notwithstanding any other law, for the purposes of this chapter a document is considered timely filed with the clerk of a court if: (1) the document is deposited with the United States Postal Service in a first class postage prepaid envelope properly addressed to the clerk on or before the date the document is required to be filed with the clerk; and (2) the clerk receives the document not later than the 10th day after the date the document is required to be filed with the clerk. (b) A legible postmark affixed by the United States Postal Service is prima facie evidence of the date the document is deposited with the United States Postal Service. (c) In this article, "day" does not include Saturday, Sunday, or a legal holiday. Added by Acts 1999, 76th Leg., ch. 1545, 10, eff. Sept. 1, Court Decorum

13 CODE OF JUDICIAL CONDUCT PREAMBLE Our legal system is based on the principle that an independent, fair and competent judiciary will interpret and apply the laws that govern us. The role of the judiciary is central to American concepts of justice and the rule of law. Intrinsic to all sections of this Code of Judicial Conduct are the precepts that judges, individually and collectively, must respect and honor the judicial office as a public trust and strive to enhance and maintain confidence in our legal system. The judge is an arbiter of facts and law for the resolution of disputes and a highly visible symbol of government under the rule of law. The Code of Judicial Conduct is not intended as an exhaustive guide for the conduct of judges. They should also be governed in their judicial and personal conduct by general ethical standards. The Code is intended, however, to state basic standards which should govern the conduct of all judges and to provide guidance to assist judges in establishing and maintaining high standards of judicial and personal conduct. CANON 1 Upholding the Integrity and Independence of the Judiciary An independent and honorable judiciary is indispensable to justice in our society. A judge should participate in establishing, maintaining and enforcing high standards of conduct, and should personally observe those standards so that the integrity and independence of the judiciary is preserved. The provisions of this Code are to be construed and applied to further that objective. CANON 2 Avoiding Impropriety and the Appearance of Impropriety In All of the Judge's Activities A. A judge shall comply with the law and should act at all times in a manner that promotes public confidence in the integrity and impartiality of the judiciary. B. A judge shall not allow any relationship to influence judicial conduct or judgment. A judge shall not lend the prestige of judicial office to advance the private interests of the judge or others; nor shall a judge convey or permit others to convey the impression that they are in a special position to influence the judge. A judge shall not testify voluntarily as a character witness. C. A judge shall not knowingly hold membership in any organization that practices discrimination prohibited by law. 3 Court Decorum

14 CANON 3 Performing the Duties of Judicial Office Impartially and Diligently A. Judicial Duties in General. The judicial duties of a judge take precedence over all the judge's other activities. Judicial duties include all the duties of the judge's office prescribed by law. In the performance of these duties, the following standards apply: B. Adjudicative Responsibilities. (1) A judge shall hear and decide matters assigned to the judge except those in which disqualification is required or recusal is appropriate. (2) A judge should be faithful to the law and shall maintain professional competence in it. A judge shall not be swayed by partisan interests, public clamor, or fear of criticism. (3) A judge shall require order and decorum in proceedings before the judge. (4) A judge shall be patient, dignified and courteous to litigants, jurors, witnesses, lawyers and others with whom the judge deals in an official capacity, and should require similar conduct of lawyers, and of staff, court officials and others subject to the judge's direction and control. (5) A judge shall perform judicial duties without bias or prejudice. (6) A judge shall not, in the performance of judicial duties, by words or conduct manifest bias or prejudice, including but not limited to bias or prejudice based upon race, sex, religion, national origin, disability, age, sexual orientation or socioeconomic status, and shall not knowingly permit staff, court officials and others subject to the judge's direction and control to do so. (7) A judge shall require lawyers in proceedings before the court to refrain from manifesting, by words or conduct, bias or prejudice based on race, sex, religion, national origin, disability, age, sexual orientation or socioeconomic status against parties, witnesses, counsel or others. This requirement does not preclude legitimate advocacy when any of these factors is an issue in the proceeding. (8) A judge shall accord to every person who has a legal interest in a proceeding, or that person's lawyer, the right to be heard according to law. A judge shall not initiate, permit, or consider ex parte communications or other communications made to the judge outside the presence of the parties between the judge and a party, an attorney, a guardian or attorney ad litem, an alternative dispute resolution neutral, or any other court appointee concerning the merits of a pending or impending judicial proceeding. A judge shall require compliance with this subsection by court personnel subject to the judge's direction and control. This subsection does not prohibit: (a) communications concerning uncontested administrative or uncontested procedural matters; 4 Court Decorum

15 (b) conferring separately with the parties and/or their lawyers in an effort to mediate or settle matters, provided, however, that the judge shall first give notice to all parties and not thereafter hear any contested matters between the parties except with the consent of all parties; (c) obtaining the advice of a disinterested expert on the law applicable to a proceeding before the judge if the judge gives notice to the parties of the person consulted and the substance of the advice, and affords the parties reasonable opportunity to respond; (d) consulting with other judges or with court personnel; (e) considering an ex parte communication expressly authorized by law. (9) A judge should dispose of all judicial matters promptly, efficiently and fairly. (10) A judge shall abstain from public comment about a pending or impending proceeding which may come before the judge's court in a manner which suggests to a reasonable person the judge's probable decision on any particular case. The judge shall require similar abstention on the part of court personnel subject to the judge's direction and control. This section does not prohibit judges from making public statements in the course of their official duties or from explaining for public information the procedures of the court. This section does not apply to proceedings in which the judge is a litigant in a personal capacity. (11) A judge shall not disclose or use, for any purpose unrelated to judicial duties, nonpublic information acquired in a judicial capacity. The discussions, votes, positions taken, and writings of appellate judges and court personnel about causes are confidences of the court and shall be revealed only through a court's judgment, a written opinion or in accordance with Supreme Court guidelines for a court approved history project. C. Administrative Responsibilities. (1) A judge should diligently and promptly discharge the judge's administrative responsibilities without bias or prejudice and maintain professional competence in judicial administration, and should cooperate with other judges and court officials in the administration of court business. (2) A judge should require staff, court officials and others subject to the judge's direction and control to observe the standards of fidelity and diligence that apply to the judge and to refrain from manifesting bias or prejudice in the performance of their official duties. (3) A judge with supervisory authority for the judicial performance of other judges should take reasonable measures to assure the prompt disposition of matters before them and the proper performance of their other judicial responsibilities. (4) A judge shall not make unnecessary appointments. A judge shall exercise the power of appointment impartially and on the basis of merit. A judge shall avoid nepotism and favoritism. A judge shall not approve compensation of appointees beyond the fair value of services rendered. (5) A judge shall not fail to comply with Rule 12 of the Rules of Judicial Administration, knowing that the failure to comply is in violation of the rule. 5 Court Decorum

16 D. Disciplinary Responsibilities. (1) A judge who receives information clearly establishing that another judge has committed a violation of this Code should take appropriate action. A judge having knowledge that another judge has committed a violation of this Code that raises a substantial question as to the other judge's fitness for office shall inform the State Commission on Judicial Conduct or take other appropriate action. (2) A judge who receives information clearly establishing that a lawyer has committed a violation of the Texas Disciplinary Rules of Professional Conduct should take appropriate action. A judge having knowledge that a lawyer has committed a violation of the Texas Disciplinary Rules of Professional Conduct that raises a substantial question as to the lawyer's honesty, trustworthiness or fitness as a lawyer in other respects shall inform the Office of the General Counsel of the State Bar of Texas or take other appropriate action. Flag Etiquette STANDARDS of RESPECT The Flag Code, which formalizes and unifies the traditional ways in which we give respect to the flag, also contains specific instructions on how the flag is not to be used. They are: The flag should never be dipped to any person or thing. It is flown upside down only as a distress signal. The flag should not be used as a drapery, or for covering a speakers desk, draping a platform, or for any decoration in general. Bunting of blue, white and red stripes is available for these purposes. The blue stripe of the bunting should be on the top. The flag should never be used for any advertising purpose. It should not be embroidered, printed or otherwise impressed on such articles as cushions, handkerchiefs, napkins, boxes, or anything intended to be discarded after temporary use. Advertising signs should not be attached to the staff or halyard The flag should not be used as part of a costume or athletic uniform, except that a flag patch may be used on the uniform of military personnel, fireman, policeman and members of patriotic organizations. The flag should never have placed on it, or attached to it, any mark, insignia, letter, word, number, figure, or drawing of any kind. The flag should never be used as a receptacle for receiving, holding, carrying, or delivering anything. 6 Court Decorum

17 When the flag is lowered, no part of it should touch the ground or any other object; it should be received by waiting hands and arms. To store the flag it should be folded neatly and ceremoniously. The flag should be cleaned and mended when necessary. When a flag is so worn it is no longer fit to serve as a symbol of our country, it should be destroyed by burning in a dignified manner. Note: Most American Legion Posts regularly conduct a dignified flag burning ceremony, often on Flag Day, June 14th. Contact your local American Legion Hall and inquire about the availability of this service. Displaying the Flag Outdoors When the flag is displayed from a staff projecting from a window, balcony, or a building, the union should be at the peak of the staff unless the flag is at half staff. When it is displayed from the same flagpole with another flag - of a state, community, society or Scout unit - the flag of the United States must always be at the top except that the church pennant may be flown above the flag during church services for Navy personnel when conducted by a Naval chaplain on a ship at sea. When the flag is displayed over a street, it should be hung vertically, with the union to the north or east. If the flag is suspended over a sidewalk, the flag's union should be farthest from the building. When flown with flags of states, communities, or societies on separate flag poles which are of the same height and in a straight line, the flag of the United States is always placed in the position of honor - to its own right...the other flags may be smaller but none may be larger...no other flag ever should be placed above it...the flag of the United States is always the first flag raised and the last to be lowered. When flown with the national banner of other countries, each flag must be displayed from a separate pole of the same height. Each flag should be the same size. They should be raised and lowered simultaneously. The flag of one nation may not be displayed above that of another nation. Raising and Lowering the Flag The flag should be raised briskly and lowered slowly and ceremoniously. Ordinarily it should be displayed only between sunrise and sunset. It should be illuminated if displayed at night. The flag of the United States of America is saluted as it is hoisted and lowered. The salute is held until the flag is unsnapped from the halyard or through the last note of music, whichever is the longest. Displaying the Flag Indoors When on display, the flag is accorded the place of honor, always positioned to its own right. Place it to the right of the speaker or staging area or sanctuary. Other flags should be to the left. The flag of the United States of America should be at the center and at the highest point of the group when a number of flags of states, localities, or societies are grouped for display. When one flag is used with the flag of the United States of America and the staffs are crossed, the flag of the United States is placed on its own right with its staff in front of the other flag. 7 Court Decorum

18 When displaying the flag against a wall, vertically or horizontally, the flag's union (stars) should be at the top, to the flag's own right, and to the observer's left. Parading and Saluting the Flag When carried in a procession, the flag should be to the right of the marchers. When other flags are carried, the flag of the United States may be centered in front of the others or carried to their right. When the flag passes in a procession, or when it is hoisted or lowered, all should face the flag and salute. The Salute To salute, all persons come to attention. Those in uniform give the appropriate formal salute. Citizens not in uniform salute by placing their right hand over the heart and men with head cover should remove it and hold it to left shoulder, hand over the heart. Members of organizations in formation salute upon command of the person in charge. The Pledge of Allegiance and National Anthem The pledge of allegiance should be rendered by standing at attention, facing the flag, and saluting. When the national anthem is played or sung, citizens should stand at attention and salute at the first note and hold the salute through the last note. The salute is directed to the flag, if displayed, otherwise to the music. The Flag in Mourning To place the flag at half staff, hoist it to the peak for an instant and lower it to a position half way between the top and bottom of the staff. The flag is to be raised again to the peak for a moment before it is lowered. On Memorial Day the flag is displayed at half staff until noon and at full staff from noon to sunset. The flag is to be flown at half staff in mourning for designated, principal government leaders and upon presidential or gubernatorial order. When used to cover a casket, the flag should be placed with the union at the head and over the left shoulder. It should not be lowered into the grave. 8 Court Decorum

19 VENDORS LICENSED BY THE TEXAS SECRETARY OF STATE TO REPRODUCE AND SELL THE STATE SEAL OF TEXAS Brush Creek Trading Co Robinhood Drive Canyon Lake, TX (830) Cook Webber Design Barman Ave. Culver City, CA (650) James Avery Craftsman, Inc. PO Box Kerrville, TX (210) Montana Siversmiths, Inc. 1 Sterling Lane Columbus, MT (406) Patricia Jean Cox 7118 Oak Hill Road Manvel, TX (281) Rewards, Inc Great Hills Trail #300 Austin, TX (512) Roots Rocks, Inc Andalusia Austin, TX (512) Stick It In Stones PO Box Oklahoma City, OK (405) Virginia Metalcrafters 1010 East Main Street Waynesboro, VA (703) TDJC - Manufacturing & Logistics Division c/o Robert G. Cade, Plant Manager Wynne Unit Hwy 75N & FM 2821 Huntsville, Texas Phone: or 5131 Fax: Court Decorum