publications_unodc_commentary-e

4.9 A judge shall not use or lend the prestige of the judicialoffice to advance the private interests of the judge, amember of the judge's family or of anyone else, norshall a judge convey or permit others to convey theimpression that anyone is in a special positionimproperly to influence the judge in the performance ofjudicial duties.CommentaryDuty to distinguish between proper and improper use of the judicial office145. A judge is generally regarded by members of the public as a very specialperson, and is treated in court, and probably outside too, with a measure ofsubservience and flattery. Consequently, a judge should distinguish between properand improper use of the prestige of the judicial office. It is improper for a judge touse or attempt to use his or her position to gain personal advantage or preferentialtreatment of any kind. For example, a judge should not use judicial stationery togain an advantage in conducting his or her personal business. Nor should a judgeuse the fact of holding judicial office in an attempt, or what might reasonably beseen to be an attempt, to extricate himself or herself from legal or bureaucraticdifficulties. If stopped for an alleged traffic offence, a judge should not volunteerhis or her judicial status to the law enforcement officer. A judge who telephones aprosecutor to inquire “whether anything could be done” about a ticket given to acourt clerk for a traffic violation, is giving the appearance of impropriety even if noattempt is made to use the judicial position to influence the outcome of the case.No need to conceal that one holds judicial office146. A judge does not need to conceal the fact that he or she holds judicialoffice, but should take care to avoid giving any impression that the status of judge isbeing used in order to obtain some form of preferential treatment. For example, if ajudge’s son or daughter were to be arrested, the judge would be subject to the samehuman emotions as any other parent and is entitled, as a parent, to respond to anyinjustice he or she feels was suffered by the child. But if the judge, directly orthrough intermediaries, were to contact law enforcement officials, and refer to his orher position as a judge, and demand that the arresting officer be disciplined, the linebetween parent and judge would be blurred. While the judge is entitled, as anyparent would be, to provide parental help to the son or daughter, and has the right totake legal action to protect the child’s interests, the judge has no right to engage inany conduct that would be unavailable to a parent who does not hold judicial office.To use the judicial office to attempt to influence other public officials in the100