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RULE 1: ABUSE OF POSITION
A. All employees of the Judicial
Service shall not use or attempt
to use their position to secure
unjustifiable privileges for
themselves
or others.
Commentary
Rule 1 (A) of the Code of
Conduct addresses the use of the
real or apparent power of a
position as an employee to
"benefit" the employee or
someone else personally. There
are many degrees of "abuse"
ranging from the seemingly
inconsequential to situations in
which the average person would
immediately conclude an employee
is obviously abusing their
position. The Code does not
attempt to define exactly what
"abuse" is or try to quantify
the amount an employee must
benefit before a situation
becomes abusive. The Code
expresses ideals against which
employees should measure their
conduct.
The concept of the use of
employment position to secure
"privileges" or "exemptions."
Generally these would be special
considerations given by others
to the employee specifically
because of the position as a
Judicial Service employee.
Employees should treat everyone
with the same courtesy, tact and
efficiency and expect to be
treated that way. The enjoyment
of special privileges or
exemptions by an employee gives
the
impression that they are more
special than ordinary people and
reflects poorly on the notion
that the judicial system and its
employees are impartial. The
acceptance of "partiality" by an
employee gives rise to the
belief that the employee is
partial.
B. All employees shall not
solicit or accept, or appear to
solicit or accept, any gift,
favour, or anything of value
that will influence his/her
actions, decisions or judgments
in performing his/her official
duties.
Commentary
Rule 1 (B) addresses the
soliciting or acceptance of any
gift, favour or thing of value
based on an understanding that
official actions will be
influenced. The solicitation or
acceptance of a gift with the
understanding that something
will be done in return
contravenes the core of the
ideals expressed in this
section. Public service should
be delivered impartially, and
equally to all users. The
administration of justice is
subverted if employees appearto
deliver service in a quid pro
quo arrangement (i.e. delivering
service in exchange of favour)
or to appear to do so. To this
end on users of the justice
system must be treated equally.
Gifts of any sort raise
questions as to the independence
of the employee. An
understanding may be tacit on
the part of the donor that the
employee will look favourably
upon the future. It will
certainly seem so to observers.
Seemingly, small and innocent
gifts may soon lead to larger
ones, more and more threatening
the integrity of the employee.
C. An employee shall not
discriminate against or
otherwise give special treatment
or anything of value to any
person, whether or not for
compensation, or permit family,
social, or other relationships
to influence or appear to
influence his/her official
conduct or judgment.
Commentary
Rule 1 (C) states the corollary
that the official actions of an
employee should not be affected
orappearto be affected by
kinship, rank, position or
influence of any party or
person. Many times relationships
place temptation upon the
employee to provide special
service or non-service to
clientele without officio I
payment for such services.
Again, differential treatment in
any of these situations
undermines the integrity of the
employee and amounts to the
abuse of the judicial system. In
situations where an employee may
appear to be favouring a
relative or influential person,
an employee could advise and
seek counsel from their
supervisor. An employee could
also make sure another employee
participates in the transaction
so that the appearance of
special unilateral action is
eliminated.
D. An employee shall not request
or accept anything of value
beyond his/her salary and
allowance (if any) as provided
by the conditions of
appointment, for work.
Commentary
Rule 1 (D) emphasizes that the
compensation of employees is to
be provided by the conditions of
appointment through their salary
and benefits. An employee should
not request or accept any
additional compensation for
doing their duty. Acceptance of
any additional compensation for
doing their duty gives rise to
the impression that the employee
will be responsive to the needs
of the giver.
E. An employee shall use the
resources, property, and funds
under his/her official control
judiciously and solely in
accordance with prescribed legal
and operating procedures.
Commentary
Rule 1 (E) addresses the ideal
that an employee is a steward of
the public resources that are
placed at their disposal. Funds
should be expended carefully,
only for the purposes intended
by the Judicial Service.
Pitfalls could include such
temptations as personal
telephone calls at Judicial
Service expense, personal use of
government property, such as
pens, pencils, paper, printers,
computers, vehicles, etc, or the
use of Judicial Service property
to assist non-employees in some
way as a favour.
F. An employee shall provide all
clientele with appropriate
procedural information and shall
not offer suggestions/opinions.
Commentary
Rule 1 (F) addresses the
temptation to answer the many
questions asked by users of the
courts who call for legal
advice. On the other hand,
refraining from legal advice
does not mean that employees
should be afraid to provide
excellent customer service.
Legal advice does not refer to
accurate information about the
courts or court procedures.
Pitfalls arise when individuals
describe a factual situation and
ask for information on what they
should or should not do. No
Judicial Service employee shall
give/offer legal advice to the
users of the courts.
RULE 2: CONFLICT OF INTEREST
A. An employee shall avoid
conflicts of interest (as
defined in the definition of
terms at the back of this code)
and the appearance of conflicts
of interest in the performance
of his/her duties. Commentary
Rule 2 (A) infers that a
conflict of interest exists when
the employee's ability to
perform his or her duty is
impaired or when the court
employee, his or her family, or
business would derive some
benefit as a result of his or
her position within the court
system. Employees are obligated
to perform their duties in a
fair, impartial and objective
manner. It is, therefore,
required that employees avoid
situations that would impair
their ability to fulfil that
obligation.
Examples of conflicts of
interest are:
i.Employee
entering contract directly or
indirectly for services,
supplies, equipment or realty
with the Judicial Service.
II. Employees providing
information to a company that
would provide an advantage to
that company over other
companies.
B. An employee shall not engage
in outside employment which may
conflict or appear to conflict
with the performance of official
responsibilities.
Commentary
Rule 2 (B) indicates that the
employee's position with the
Judicial Service must be his or
her primary employment. Outside
employment must be fulfilled
outside of the normal working
hours of the Service and it must
not be in conflict or interfere
with the performance of the
employee's duties and
responsibilities at the office.
No form of outside employment
shall be performed utilizing the
resources of the office and
shall not require or induce the
employee to disclose information
acquired in the course of his or
her official duties. Outside
employment should not reflect
adversely on the integrity of
the office.
RULE 3: CONFIDENTIALITY I
A. An employee shall not
disclose to any unauthorized
person any confidential
information acquired in the
course of his or her employment.
Commentary
Sensitive information acquired
by employees in the course of
performing their official duties
should never be revealed until
it is made a matter of public
record. Even when the
information becomes public,
employees should exercise a
great deal of discretion.
Sometimes breaches of
confidentiality do not involve
intentional disclosures of
official records. Some are the
result of innocent and casual
remarks about pending or closed
cases, about participants in
litigation or about juries which
could give attorneys, litigants
and reporters confidential
information. Such remarks can
seriously compromise a case or a
person's standing in the
community. An employee should
discuss cases only for
legitimate reasons, and should
handle sensational or sensitive
cases with great care and
discretion. Examples of
confidentiality issues are not
limited to cases. Counter clerks
should guard against being
overheard when discussing
legitimate confidential
information.
RULE 4: POLITICAL ACTIVITY I
A. The Constitution of Ghana
confers rights on all citizens
including employees to join any
Political Party or association
of their choice. By virtue of
the Constitutional role of the
Judiciary however and to
maintain the independence and
integrity of the Institution,
all employees shall not:-
a.Accept
any office paid or unpaid,
permanent or temporary in any
political party or organization;
b.Declare
himself openly as a registered
member of a political party or
association;
c.Indicate
publicly his support for any
party, candidate or policy
including the carrying of party
banners, flags or memorabilia;
d.Make
speeches or join in
demonstrations in favour of any
political person, party, or
propaganda;
e.Engage
in activities which are likely
to involve him in political
controversy;
Notwithstanding, employees are
entitled to their views on
political matters, and, if so
qualified, may vote at elections
B. An employee shall not
discriminate in favour of or
against any employee or
applicant for employment because
of his or her political
contributions or political
activities.
Commentary
Rule 4 (B) states that
interaction between employees
during work hours should focus
on professional duties and
should exhibit mutual courtesy
and respect to co-workers.
Additionally, the evaluation of
prospective employees should be
based on their employable
qualities such as job skills,
knowledge, and attitude.
Therefore, no employee will
discriminate in favour of or
against any employee or
applicant for employment based
on their political activities.
RULE 5: PERFORMANCE OF DUTIESI
A. An employee shall carry out
his or her responsibilities to
the public in a timely,
impartial, diligent, and
courteous manner.
Commentary
Rule 5 (A) deals with the idea
that the Service is a public
institution, and that actions by
employees should reflect a high
level of professionalism and
public service. Employees need
to be able to provide complete
and understandable answers to
the public's questions in an
efficient manner.
Simultaneously, they must
recognize that colleagues are
also customers, and they should
be given the same level of
consideration as public
clients.
B. An employee shall not
discriminate on the basis of,
nor display by words or conduct,
a bias or prejudice based upon
race, colour, religion, national
origin, gender, or other
protected group, in the conduct
of service to the office and the
public.
Commentary
Rule 5 (B) pertains to unfair
criticism of any individual(s)
by an employee. Essential to the
administration of justice is
allowing equal access and
treatment for all. Employees are
called upon to assist people. It
is their responsibility to
provide customers with the
utmost service, regardless of
the individual's race, religion,
gender, national origin, etc.
Discrimination can come in
varying forms (speech, conduct,
etc.), yet employees should be
aware that no form of
discrimination is acceptable and
when discovered should be
exposed and discouraged.
C. Designated employees shall
enforce or otherwise carry out
any properly issued rule or
order of court.
Commentary
Rule 5 (C) addresses the idea
that for the Service to be an
effective institution, employees
must follow the rules/orders
designed by the Service. By
enforcing the orders given by
the court, employees encourage a
shared level of understanding
and efficiency. Disregarding
rules/orders provided by the
court allows for confusion and a
decline in over aII
productivity that compromises
the concept of professionalism.
D. An employee shall promote
ethical conduct and report any
improper conduct and violations
of this Code of Conduct by any
persons to appropriate
authorities.
Commentary
Rule 5 (D) states that employees
should faithfully pursue the
guidelines explained in the Code
of Conduct and that when
necessary, report problems or
violations to an appropriate
authority within the Judicial
Service.
E. An employee shall actively
pursue continuing education
opportunities offered within the
Judicial Service for the purpose
of improving his or her
professional skills and thereby
providing higher quality service
to the office and the public.
Commentary
Rule 5 (E) acknowledges the idea
that when working within the
Judicial Service, laws and rules
of operation are continually
changing due to legislation,
higher court decisions,
technology, etc. Therefore,
employees are encouraged to take
advantage of educational
opportunities that will advance
their understanding and allow
for better service.
F. An employee should avoid any
activity which would reflect
adversely on his or her position
or the Service.
Commentary
Rule 5 (F) addresses the idea
that employees are highly
visible and that their actions
reflect upon not only
themselves, but the Service as
well. Improper behaviour or the
appearance thereof may
compromise an employee's
professional integrity. Before
partaking in a particular
action, employees should
consider its propriety.
Employees should conduct
themselves in a manner that
engenders public trust and
confidence.
G. An employee shall obey all
lawful instruction regarding the
Judicial Service in the
execution of his work.
Commentary
Rule 5 (G) cautions employees to
adhere strictly to instructions
in performing their official
duties. Disregarding lawful
instructions laid down by the
Service means working outside
the rules and laws guiding the
Service and amounts to
unprofessional conduct and a
breach of the code.
H. An employee shall protect the
interest of the Judicial Service
during the course of employment.
Commentary
Rule 5 (G) entreats the employee
to be loyal and withhold
information that is
confidential. The employee's
loyalty to the employer should
be paramount at all times and in
all circumstances. The employee
must strive to uphold the good
image and interest of the
Institution at all times and
must shun any disloyal conduct
in order to secure his/her own
integrity.
I. An employee shall take proper
care of the property of the
employer entrusted to the worker
or under the immediate control
of
the worker.
Commentary
Rule 5 enjoins the employee to
take good care of any property
which the employee uses in
performing his/her official duty
that is provided or belongs to
the employer. It places
responsibility on the employee
to ensure at all times that the
property of the employer is used
with care.
RULE 6: REPORTING PROCEDURE I
A. Where there is a breach of
this Code of Conduct a Judicial
Service
employee may report or complain
to a superior officer or the
appropriate authority.
Commentary
Reports under this code may be
lodged in the following
ascending order;
a.Immediate
Supervisor (of officer
complained on
b.Head
of Department/Registrar
c.The
Judicial Secretary
d.The
Chief Justice
e.The
Judicial Council
Where the officer to whom the
report should be made, is
himself involved in the breach
of the Code, the matter should
be reported to the next superior
officer. In all cases, the
reports should be copied to the
Judicial Secretary and the
Director of the Public
Complaints and Court
Inspectorate Unit.
i.The
Officer or Authority to whom the
report is made shall indicate
the action being taken within a
period of two weeks from the
receipt of the report, failing
which the complainant may take
up the complaint with the next
superior authority.
ii. Notwithstanding this
procedure, any matter which may
be considered to be a breach of
human rights or a case of fraud
may be reported to the Officer
of the Commission for Human
Rights and Administrative
Justice end the Serious Fraud
Office respectively, where it is
not reusable or practicable to
invoke the procedure in this
code.
RULE 7:
DISCIPLINARY
PROCEDURES/PENALTIES
A. All employees may be
subjected to the appropriate
disciplinary or corrective
measures in accordance with the
provisions of the Judicial
Service Regulations/
Administrative instructions.
(See Part IV, S.27 -47 of
Judicial Service Regulations,
1963 L. I. 319)
All employees must endeavour to
acquaint themselves with the
provisions
of the
1963 Regulations.
Commentary
Rule 7 (A) addresses the
disciplinary procedures that may
be initiated against an employee
who fails to comply with the
standards of conduct in this
code. Where a case is proven,
the Head of Department/Registrar
shall cause a warning in writing
to be issued to any officer
whose work or conduct is
determined to be unsatisfactory.
In every case where an officer
has been so warned, the fact
should be so recorded by the
Head of the Department or
Registrar concerned. An officer
should not be allowed to
accumulate more than three
warnings for acts of misconduct
before disciplinary action is
taken against him or her. In
cases where the misconduct is
comparatively minor, action may
nevertheless, be taken as soon
as it is clear that the officer
is not likely to respond to
departmental corrections and
when sufficient evidence is
available to warrant proceedings
under the code.
B. The conduct of any Judicial
Service employee which
contravenes any rule of the Code
shall be investigated for the
purposes of discipline.
Commentary
Rule 7 (B) pertains to
Disciplinary Committee which
shall be constituted to
investigate acts of misconduct
under this code and recommend
appropriate disciplinary or
corrective measures. A
Disciplinary Committee at the
Regional level shall be
constituted in the following
manner:
a.A
Judge nominated by the
Disciplinary Authority as
Chairman.
b.One
representative of the Regional
Advisory Council (RAC) of JUSAG
and one representative of the
Magistrates and Judges
Association and the Regional
Registrar or an officer acting
in that capacity shall act as
the investigation officer.
Any employee appearing before a
Disciplinary Committee shall be
given every opportunity to
defend himself and have a right
of appeal not more than two
weeks after the decision. The
Committee's findings and
recommendations shall be
forwarded to the appropriate
Disciplinary Authority within
five days.
C. Disciplinary award may
involve the imposition of major
or minor penalties, depending on
the seriousness and gravity of
the offence or misconduct.
Commentary
For the purposes of this Code,
penalty is classified as either,
major or minor as defined below:
Major penalties shall in general
consist of the following
disciplinary awards:
·Reduction
of rank
·Removal
from office as the head of Unit
or Registry
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