publications_unodc_commentary-e

ii. Does it essentially involve an investigation into the conduct ofagencies of the appointing government?iii. Is the inquiry essentially an investigation of whether particularindividuals have committed a crime or a civil wrong?iv. Who is to select commission counsel and staff?v. Is the proposed judge through particular knowledge or experiencespecially required for this inquiry? Or would a retired judge or asupernumerary judge be as suitable?vi. If the inquiry requires a legally-trained commissioner, should thecourt feel obliged to provide a judge or could a senior lawyerperform this function equally well?In the absence of extraordinary circumstances, it is the position of the CanadianJudicial Council that no federally-appointed judge should accept appointment to acommission of inquiry until the chief justice and the judge in question have hadsufficient opportunity to consider all the above matters and are satisfied that suchacceptance will not significantly impair either the work of the court or the futurejudicial work of the judge.163. A judge should ordinarily be cautious about accepting appointment to agovernmental committee, commission, or other position that is concerned withissues of fact or policy on matters other than the improvement of the law, the legalsystem, or the administration of justice, unless the appointment of a judge isrequired by law. A judge should not, in any event, accept such an appointment if thejudge’s governmental duties would interfere with the performance of judicial dutiesor tend to undermine public confidence in the integrity, impartiality, orindependence of the judiciary. Moreover, if the judge remains away from regularduties for a very long period, he or she may find that the task of getting back tonormal life and of adjusting his or her outlook and habits to judicial work is by nomeans easy.Involvement in governmental activities164. While exercising functions as a judge, the judge should not be involved inexecutive or legislative activities at the same time. However, if the system permits,a judge may, after leaving his or her functions in the judiciary, exercise functions inan administrative department of a ministry (for example, a civil or criminallegislation department in the ministry of justice). The matter is more delicate withregard to a judge who becomes part of the staff of a minister’s private office. Whilethis would never be regarded as a proper appointment for a judge in a common lawcountry, the position is different in some civil law jurisdictions. In such109