“What sort of culture exists inside an office that allows a pattern of unethical behavior to continue over time? Ultimately, a pattern of such behavior suggests a problem with management.”

Judge Dolores Carr

 
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Ethical Management in the DA's Office

“In February of this year, the San Jose Mercury News published a series of articles which alleged ethical lapses at the District Attorney’s Office. The allegations have significantly damaged the credibility of the Office with the courts and the public.

“Although the Mercury News provided each candidate with the opportunity to publish a 400 word article reacting to the series, I believe that the allegations are serious enough to warrant an extended discussion because they illuminate a larger problem: a failure in management at the District Attorney’s Office.

“Poor management practices have unwittingly fostered a culture that encourages unethical behavior in the Office, and reduced the Office's ability to operate efficiently and effectively. I have been concerned about this issue for some time. During my 15 years as a Deputy DA, I saw the problems from inside. As a Superior Court Judge, I have seen their impacts from the outside.

“Today, I am posting Installment One of an extended discussion of these problems called, ‘The Ethics of Justice in the District Attorney’s Office.’ The series describes my view of management failures in the Office and suggests solutions. I hope that it will spark discussion and debate among the candidates and the staff of the District Attorney’s Office about how we can restore the Office’s reputation and make it more effective.

“I have previously posted a paper titled ‘Management Policies,’ which is intended for current members of the District Attorney’s Office and outlines principles I would follow in managing the Office and its personnel. This paper should be viewed as an addendum to the 'Ethics' series. I encourage email comments on this memo from professionals in the Office.”

Judge Carr
Hon. Dolores A. Carr
 Superior Court of California
Santa Clara County

 

Position Papers:

Management Policies (April 23, 2006)

The Ethics of Justice in the District Attorney's Office

Installment #1- When Justice Suffers: The Culture of Winning at All Costs (May 2, 2006)

Installment #2- Management Creates the Wrong Incentives (May 8, 2006)

Installment #3- A Dangerous View of The Court and the Defense (May 16, 2006)

Installment #4- Proposals for Change
(June 1, 2006)