publications_unodc_commentary-e

performance of their lawful duties is to cross the line of reasonable parentalprotection and intercession, and to misuse the prestige of the judicial office.Use of judicial stationery147. Judicial stationery should not be used in a way that amounts to abuse of theprestige of judicial office. In general, judicial stationery is intended for use when ajudge wishes to write in an official capacity. Care should be taken in the use ofjudicial stationery when writing in a private capacity. For example, depending onthe circumstances, it would not be objectionable to send a thank you note after asocial occasion using such stationery. But it would be inappropriate to use judicialstationery if there may be a reasonable perception that the judge is seeking to drawattention to his or her position as a judge in order to influence the recipient of theletter; for example, when writing to complain regarding a disputed claim on aninsurance policy.Letters of reference148. There is no objection to a judge providing a letter of reference, but cautionshould be exercised for a person may seek such a letter not because he or she is wellknown to the judge but solely to benefit from the judge’s status. In relation to lettersof reference, judicial stationery should generally only be used when the judge hasgained personal knowledge of the individual in the course of judicial work. Thefollowing guidelines are offered:1. A judge should not write a letter of reference for a person he or she doesnot know.2. A judge may write a letter of reference if it is of a kind that would bewritten in the ordinary course of business (eg. a court employee seeking areference with regard to work history). The letter should include astatement of the source and extent of the judge’s personal knowledge, andshould ordinarily be addressed and mailed directly to the person ororganization for whose information it is being written. In the case of apersonal employee of the judge, such as a law clerk who is seeking otheremployment, a general letter of reference might be provided and addressed“To whom it may concern”.3. A judge may write a letter of reference for someone whom the judge knowspersonally but not professionally, such as a relative or close friend, if it isof a kind that he or she would normally be requested to write as a result ofa personal relationship.101