publications_unodc_commentary-e

matter which may have legal implications; but it should be made clear thatsuch views must not be treated as legal advice. Any legal advice requiredby the body should be professionally sought;(d) A judge should be cautious about becoming involved in, or lending his orher name to, any fund raising activities; and(e) A judge should not personally solicit membership if the solicitation mightreasonably be perceived as coercive or is essentially a fund-raisingmechanism.168. A judge should not hold membership in any organization that discriminateson the basis of race, sex, religion, national origin, or other irrelevant cause contraryto fundamental human rights, because such membership might give rise to theperception that the judge’s impartiality is impaired. Whether an organization’spractices are invidiously discriminatory is often a complex question. In general, anorganization is said to discriminate invidiously if it arbitrarily excludes frommembership individuals who would otherwise be admitted, on the basis of race,religion, gender, national origin, ethnicity or sexual orientation. A judge may,however, become a member of an organization dedicated to the preservation ofreligious, ethnic or legitimate cultural values of common interest to its members.Similarly, a judge should not arrange a meeting at a club that the judge knowspractises invidious discrimination; nor may the judge frequent such a club regularly.Financial activities169. A judge has the same rights as an ordinary citizen with respect to his or herprivate financial affairs, except for any limitations required to safeguard the properperformance of the judge’s duties. A judge may hold and manage investments,including real estate, and engage in other remunerative activity, but should not serveas an officer, director, active partner, manager, advisor, or employee of any businessother than a business closely held and controlled by members of the judge’s family.A judge’s participation in a closely held family business, while generallypermissible, should be avoided if it takes too much time, if it involves misuse ofjudicial prestige, or if the business is likely to come before a court. It is, however,inappropriate for a judge to serve on the board of directors of a commercialenterprise, in other words, a company whose objective is to make a profit. Thisapplies to both public and private companies, whether the directorship is executiveor non-executive, and whether it is remunerated or not.Membership in an association of residents170. If a judge owns or occupies premises in a building that has an owners’ orresidents’ association, then he or she may serve on its management committee but112