publications_unodc_commentary-e

4.11.3 serve as a member of an official body, or othergovernment commission, committee or advisory body, ifsuch membership is not inconsistent with the perceivedimpartiality and political neutrality of a judge;CommentaryMembership in a commission of inquiry160. Because of the reputation that the judiciary enjoys in the community andthe weight accorded to judicial fact-finding, judges are often called upon to conductinquiries and report on matters that are, or are deemed to be, of public importancebut which fall outside the scope of the functions of the judiciary. In consideringsuch a request, a judge should think carefully about the implications for judicialindependence of accepting the assignment. There are examples of judges becomingembroiled in public controversy and being criticized and embarrassed following thepublication of reports of commissions of inquiry on which they have served. Theterms of reference and other conditions such as time and resources should also beexamined carefully in assessing their compatibility with the judicial function. Thereis often no obligation on the judge to undertake a commission of inquiry, exceptperhaps in a matter of national importance arising in a time of national emergency; itis then done as an act of grace. In some countries, judges are forbidden, forconstitutional reasons, to undertake enquiries for the executive government 51 and,even if permitted, are discouraged from doing so, depending on the subject matterand procedures for nominating the judge concerned.161. It is true that cogent arguments may be advanced in support of the view thatthe public or national interest demands a full, clear and searching inquiry into amatter that vitally affects the public, and that the task can best be performed by ajudge who has acquired, through many years of experience as a judge and legalpractitioner, the ability to sift evidence and assess the credibility of witnesses.Nonetheless, it is necessary to bear in mind that:(a) The legitimate function of a judge is to judge. It is a function whichvery few people in the community are equipped to do, and the numberof people who are qualified and available to perform that function atany given time, apart from those already appointed to judicial office, isnecessarily very limited. There are, on the other hand, sufficient menand women of ability and experience who are competent to serve with51 Wilson v Minister for Aboriginal Affairs, High Court of Australia, (1997) 189 CLR 1.107