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MDOJ Attorney Code of Ethics

The Attorney Code of Ethics for the Mayflower Department of Justice outlines the ethical conduct expected from its employees, emphasizing loyalty to the Constitution and prohibiting conflicts of interest. It includes 14 general principles and specific provisions regarding conduct, outside employment, and disciplinary actions for violations. The code is enforced by the Inspector General and provides a framework for maintaining integrity and accountability within the department.

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0% found this document useful (0 votes)
38 views15 pages

MDOJ Attorney Code of Ethics

The Attorney Code of Ethics for the Mayflower Department of Justice outlines the ethical conduct expected from its employees, emphasizing loyalty to the Constitution and prohibiting conflicts of interest. It includes 14 general principles and specific provisions regarding conduct, outside employment, and disciplinary actions for violations. The code is enforced by the Inspector General and provides a framework for maintaining integrity and accountability within the department.

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simonpilka10
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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CLARK COUNTY

State of Mayflower

ATTORNEY CODE OF ETHICS


MAYFLOWER DEPARTMENT OF JUSTICE

“FIAT JUSTITIA UAT CAELUM”

2024-2025 EDITION
SECTION I
PRINCIPLES FOR ETHICAL CONDUCT
1. Preamble
2. 14 General Principles

SECTION II
CODE OF ETHICS
1. General Provisions
2. Specific Provisions
3. Punitive Articles
SECTION ONE

PRINCIPLES
IN GENERAL

PREAMBLE
This Code of Ethics governs the conduct of Mayflower Department of Justice employees
both on and off duty. Employees of the Department of Justice are bound by this code, and
are expected to fully comply with this code. Violators are subject to appropriate
disciplinary action.

The Designated Department Ethics Official (DDEO) for the Department is the Inspector
General. The Inspector General’s Office is responsible for the overall direction for the
ethics program in the Department. Your bureau, office, board, or division may have
additional guidance that addresses specific circumstances. Employees are responsible for
knowing and adhering to any component specific guidance.

“We, the Prosecutors, General Staffers, Associates, and Employees of this


Justice Department, hereby agree to abide and enforce these code of ethics
upon ourselves, our coworkers, and our department as we bring forth righteous
justice to this ocean state.”
IN GENERAL

14 PRINCIPLES
1§I PUBLIC SERVICE July 29 2024

Public service is a public trust, requiring employees to place loyalty to the Constitution,
the laws and ethical principles above private gain.

1 § II FINANCIAL INTEREST July 29 2024

Employees shall not hold financial interests that conflict with the conscientious
performance of duty.

1 § III NONPUBLIC INFORMATION July 29 2024

Employees shall not engage in any transactions or business using nonpublic


Government information or allow the improper use of such information to further any
private interest.

1 § IV GIFTS July 29 2024

An employee shall not, except as permitted by these standards of conduct, solicit or


accept any gift or other item of value from any person or entity seeking official action
from, doing business with, or conducting activities regulated by the Department of
Justice, or whose interests may be substantially affected by the performance or
nonperformance of the employee’s duties.

1§V HONEST EFFORT July 29 2024

Employees shall put forth honest effort in the performance of their duties.

1 § VI BINDING COMMITMENT July 29 2024

Employees shall not knowingly make unauthorized commitments or promises of any


kind purporting to bind the State.

1 § VII PRIVATE GAIN July 29 2024

Employees shall not use public office for private gain.


1 § VIII IMPARTIALITY July 29 2024

Employees shall act impartially and not give preferential treatment to any private
organization or individual.

1 § IX STATE RESOURCES July 29 2024

Employees shall protect and conserve State resources and shall not use it for other than
authorized activities.

1§X OUTSIDE EMPLOYMENT July 29 2024

Employees shall not engage in outside employment or activities, including seeking or


negotiating for employment, that conflict with their official Justice Department duties
and responsibilities.

1 § XI DUTY TO REPORT July 29 2024

Employees shall disclose waste, fraud, abuse, and corruption to the appropriate
authorities.

1 § XII CITIZEN OBLIGATIONS July 29 2024

Employees shall satisfy in good faith their obligations as citizens, including payment of
all fines and dues, especially those that are imposed by law.

1 § XIII EQUAL OPPORTUNITY July 29 2024

Employees shall adhere to all laws and regulations that provide equal opportunity for
all citizens regardless of race, color, religion, sex, or national origin.

1 § XIV APPEARANCES July 29 2024

Employees shall endeavor to avoid any actions creating the appearance that they are
violating the law or the ethical standards set forth in this part. Whether particular
circumstances create an appearance that the law or these standards have been violated
shall be determined from the perspective of a reasonable person with knowledge of the
relevant facts.
SECTION TWO

CODE OF ETHICS
IN GENERAL

GENERAL PROVISIONS
2§I POWERS DERIVED July 29 2024

The powers delegated to this code are given by the Office of the Attorney General and
enforced by the Office of the Inspector General, and the Office of the Attorney General.

2 § II CODE AMENDMENTS July 29 2024

(a) Any amendments to this code may be done by the Attorney General or Deputy
Attorney General through the virtue of their position.
(b) All amendments must be done after a forty-eight hour period of a memorandum
being posted to all employees of the Justice Department which describes and
provides forewarning of such amendment, and provides opportunity for
employee comment.
(c) Any amendment that is done without following proper processes as stipulated by
this code shall be nullified and unenforceable.

2 § III CITATION OF CODE July 29 2024

This code shall be cited using a specialized format. An example shall be shown below,
citing this clause.
i. [2] Code of Ethics § III(a)
IN GENERAL

SPECIFIC PROVISIONS
2 § IV CONDUCT PREJUDICIAL TO THE GOVERNMENT July 29 2024

An employee shall not engage in criminal, infamous, dishonest, immoral or disgraceful


conduct, or other conduct prejudicial to the government. Disgraceful conduct is conduct
which, were it to become widely known, would embarrass, discredit, or subject to
opprobrium the perpetrator and the State of Mayflower.

2§V APPEARANCE OF IMPROPRIETY July 29 2024

An employee shall endeavor to avoid any actions creating the appearance that the
employee is violating the law or the ethical standards set forth in this part.

2 § VI NEPOTISM July 29 2024

Employees should be cautious when assisting in any way friends who are seeking
employment, appointment, or advancement in Department positions.

2 § VI SECURITY CLEARANCE July 29 2024

As a reminder for employees for whom a security clearance is required for performance
of their official duties, any above - noted prohibited conduct, and more, may be
grounds for suspension or revocation of a clearance. This could also result in adverse
disciplinary action, including suspension or removal. Employees with questions
regarding their clearance are to contact the Inspector General.

2 § VII MISUSE OF OFFICIAL POSITION July 29 2024

(a) You may not use your public office for your own private gain or for the gain of
persons or organizations with which you are associated personally. Your position
or title shall not be used: to coerce or induce another person, including a
subordinate, to provide any benefit, financial or otherwise, to you or to friends,
relatives, or persons with whom you are affiliated in a nongovernmental
capacity; to endorse any business or service; or to give the appearance of
governmental sanction. For example, you may use your official title and
stationery only in response to a request for a reference or recommendation for
someone you have dealt with in State employment or someone you are
recommending for State employment.
(b) You may not engage in a financial transaction using nonpublic information or
allow the use of such information to further your private interests or those of
another. Nonpublic information is information you gain on the job, which has
not been made available to the general public. You may also not donate any
money or engage in any financial transactions while on the Department of
Justice team.

2 § VIII RECUSAL July 29 2024

Any employee should seek advice from their direct superior before participating in any
matter in which their impartiality could be questioned. An employee may not
participate without authorization, and must recuse if authorization is not given,in a
legal matter handled by the Department of Justice that they hold a conflict of interest
in. If recused, said employee is required to remove themselves from the matter and to
not give advice, legal assistance, or any assistance whatsoever. Upon recusal, the
employee is to inform their Chief State Attorney or any direct supervisor of their
recusal and reasoning as to why the recusal is deemed fit.

2 § IX POLITICS July 29 2024

No employee of the Department may:


1. Use official authority or influence to interfere with or affect the result of an
election.
2. Participate in political activities (to include wearing unapproved political
buttons) while on duty; while wearing a uniform, badge or insignia of office;
while in a government occupied office or building; while on team; or while
using a government owned vehicle.
3. Allow official title to be used in political activities.
4. Be a candidate for partisan political office.
5. Solicit or discourage the political activity of anyone who is a participant in any
matter before the Department.
6. Utilize official authority to interfere with the proper course of elections.

2§X OUTSIDE PRACTICE July 29 2024

(a) You should not engage in any outside employment or other activity that conflicts
with your official duties and responsibilities. Employees are prohibited from
engaging in outside employment that involves criminal matters, the paid practice
of law or matters in which the Department is a party or represents a party. Only
the (Deputy) Attorney General may waive these prohibitions.
(b) You are required to obtain written approval for certain employment including the
practice of law that is not otherwise prohibited, and any outside employment
involving a subject matter related to the responsibilities of your component.
(c) You may not receive compensation for the representation of anyone before a
state agency or official, or before any court in a matter in which the State of
Mayflower is a party or has a substantial interest. This prohibition applies
whether or not you render the representation yourself. You also may not
represent someone in connection with a claim against the State of Mayflower or
before a state agency or official, or before any court, with or without
compensation, in a matter in which the State of Mayflower is a party or has a
substantial interest.
(d) You may not serve as an expert witness in your private capacity in any
proceeding before the State of Mayflower in which the State of Mayflower is a
party or has an interest unless specifically authorized.

2 § XI POST-EMPLOYMENT RESTRICTIONS July 29 2024

(a) You are prohibited from communicating to or appearing before an employee of


an agency or court of the State Government on behalf of another person, with
the intent to influence, on a particular matter involving specific parties in which
you participated personally and substantially while with the Government and in
which the State of Mayflower is a party or has interest.
(b) You are prohibited for two months from communicating to or appearing before
an employee of a State court or agency on behalf of another person, with the
intent to influence, on a particular matter involving specific parties which you
know was pending under your official responsibility during your last month of
government service and in which the State of Mayflower is a party or has an
interest.

2 § XII OBLIGATIONS OF DUTY July 29 2024

(a) Employees shall disclose all cases of waste, abuse, corruption, nepotism, or
violations of any part of this Code to the Inspector General if they have a
reasonable believe any such violations have occurred.
(b) In the course of their duties, and while off-duty, all employees shall adhere to
all laws, ordinances, and regulations.
(c) All employees shall abide by administrative subpoenas issued by the
department’s leadership or its authorities. All employees shall testify fully in
regard to such subpoenas, and acknowledge that the exercise of
Fifth-Amendment rights before a Department subpoena or disciplinary hearing
is grounds for immediate termination.

2 § XIII CONTRACTUAL OBLIGATIONS July 29 2024

All Department employees will remain in full compliance with all contractual
obligations, and adhere fully to the terms stipulated in any contact entered into with the
State of Mayflower and any political or administrative subdivisions thereof.
IN GENERAL

PUNITIVE ARTICLES
2 § XIV INTRODUCTION July 29 2024

(a) This section shall formally outline specific punishments for violations of
specific policies of this code.
(b) This article shall list each article and the disciplinary measures if the article is
violated. The punitive measures shall be listed in order of severity and
persistence; if the violation is more severe, the higher the punishment, if the
violation persists, the higher the punishment.
(i) Severity shall be determined by the individual issuing the punishment.
(c) The Attorney General, the Deputy Attorney General, and the Inspector General
are responsible for the enforcement of these actions unless otherwise specified.

2 § XV DISCIPLINARY ACTIONS July 29 2024

(a) Verbal Warnings shall be defined as a general warning of wrongdoing, however


is not a formal disciplinary action in that it does not affect a recipient’s record.
(i) Verbal Warnings may be issued by Assistant Attorney Generals and the
Solicitor General, to their respective subordinate employees. These may
also be issued by the Attorney General, Deputy Attorney General, and the
Inspector General to any employee of the department.
(b) Written Warnings shall be defined as a formal notice of wrongdoing by a
superior. Accumulation of three written warnings shall result in a strike.
(i) Written Warnings may be issued by Assistant Attorney Generals and the
Solicitor General, to their respective subordinate employees. These may
also be issued by the Attorney General, Deputy Attorney General, and the
Inspector General to any employee of the department.
(c) Strikes shall be defined as a formal punitive measure of action for wrongdoing.
Accumulation of three strikes shall result in termination.
(i) Strikes may be issued by Assistant Attorney Generals, the Solicitor
General, and the Inspector General, to their respective subordinate
employees. These may also be issued by the Attorney General and
Deputy Attorney General to any employee of the department.
(d) Administrative Leave shall be defined as a temporary suspension of duties while
an investigation takes place. An individual under Administrative Leave may not:
(i) Go on the Department of Justice team in-game;
(ii) Conduct prosecution duties or, if the recipient is in an office conducting
civil litigation, participate in that either;
(iii) Conducting any other duties outlined by their superiors or in this code.
(iv) Resign from the Department of Justice.
(e) Administrative Leave may be issued by the Inspector General when an official
investigation is underway to any employee of the department. Administrative
Leave may also be issued by the Attorney General and Deputy Attorney General
to any employee of the department.
(f) A suspension shall be defined as a temporary prohibition from conducting
official duties for a specified period of time.
(i) Suspensions may be issued by the Attorney General, Deputy Attorney
General, and Inspector General to any employee of the department.
(g) Demotions may be issued by the Attorney General and Deputy Attorney General
to any employee of the department.
(h) Terminations may be issued by the Attorney General and Deputy Attorney
General to any employee of the department.

2 § XVI LEVELS OF DISCIPLINE July 29 2024

(a) A Class One infraction shall be defined as a serious disciplinary infraction, with
the potential for punishment including blacklist, termination, suspension,
demotion, strike, and/or referral to the State Bar ethics committee.
(b) A Class Two infraction shall be defined as a moderate disciplinary infraction,
with the potential for punishment including termination, suspension, demotion,
strike, a written warning, or verbal warning.
(c) A Class Two infraction shall be defined as a minor disciplinary infraction, with
the potential for punishment including suspension, demotion, strike, written
warning, or verbal warning.
GENERAL OFFENSES AND ENFORCEMENT
Short Title Description Severity

Professionalism Failing to remain professional while on-duty. Class Three


Violation

Failing to Alert of Failing to notify your immediate supervisor of your Class One
Resignation resignation with at least a three-day notice.

Disclosure Violation Disclosure of non-public information with intent to Class One


(intentional) disclose.

Disclosure Violation Disclosure of non-public information negligently, Class Two


(unintentional) accidentally, or inadvertently.

Insubordination Refusing to abide by directions given from proper Class Two


authorities of the Department.

Contractual Violation Violating any contractual obligation entered into with Class One
the State of Mayflower.

Principle Violation Violating any of the 13 General Principles for Ethical Class Two
Conduct.

Provision Violation Violating any of the Specific Provisions for Ethical Class One
Conduct.

Policy Violation Violating any policies, orders, memorandums, or Dependant


directives of the Department of Justice.

Exceeding Prosecuting a case outside the defined jurisdiction of Class Two


Jurisdiction one’s office or position.

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