publications_unodc_commentary-e

Providing character testimony149. The testimony of a judge as a character witness injects the prestige of thejudicial office into the proceeding in which the judge testifies and may bemisunderstood to be an official testimony. Moreover, when a judge testifies as awitness, a lawyer who regularly appears before the judge may be placed in anawkward position of cross-examining the judge. Therefore, ordinarily, a judgeshould not volunteer to give character evidence in court. If requested, a judgeshould only agree to do so when it would be manifestly unfair to the person seekingthat character evidence to refuse; for example, in the case of another judicial officerentitled to have evidence of his character from his or her peers. This, however, doesnot exempt the judge from testifying in response to a binding summons.150. To voluntarily write or telephone officials of the Bar in a disciplinaryproceeding involving a lawyer is, in effect, to testify as a character witness andthereby lend the prestige of judicial office in support of the private interests of thelawyer. Similarly, to voluntarily contact a committee on behalf of a judicialcandidate without an official request from that committee is tantamount to testifyingas a character witness and lending the prestige of judicial office to advance theprivate interests of another.Contributing to publications151. Special considerations arise when a judge writes or contributes to apublication, whether related or unrelated to the law. A judge should not permitanyone associated with the publication to exploit the judge’s office. In contracts forpublication of a judge’s writings, the judge should retain sufficient control overadvertising to avoid exploitation of the judge’s office.Appearance on commercial radio or television152. The appearance of a judge on a commercial radio or television networkmight be seen as advancing the financial interests of that organization or itssponsors. Care should therefore be taken in doing so. On the other hand, manycitizens secure their knowledge about events, social affairs and the law from suchoutlets. Depending on the arrangements, therefore, participation in a programmeconnected with the law could be appropriate. Several factors need to be consideredin determining whether or not a judge should participate in such programmes: thefrequency of appearance, the audience, the subject matter, and whether theprogramme is commercial or not. For example, depending on the circumstances, adiscussion of the role of the judiciary in government or the court’s relationship withcommunity education and treatment facilities might be appropriate.102