publications_unodc_commentary-e

4.14 A judge and members of the judge's family, shall neitherask for, nor accept, any gift, bequest, loan or favour inrelation to anything done or to be done or omitted to bedone by the judge in connection with the performance ofjudicial duties.4.15 A judge shall not knowingly permit court staff or otherssubject to the judge's influence, direction or authority, toask for, or accept, any gift, bequest, loan or favour inrelation to anything done or to be done or omitted to bedone in connection with his or her duties or functions.CommentaryDuty to inform family members and court staff of ethical constraints177. A gift, bequest, loan or favour to a member of the judge’s family or otherpersons residing in the judge’s household might be, or appear to be, intended toinfluence the judge. Accordingly, a judge must inform those family members of therelevant ethical constraints upon the judge in this regard and discourage the familymembers from violating them. A judge cannot, however, reasonably be expected toknow, still less control, all of the financial or business activities of all the familymembers residing in the judge’s household.178. The same considerations apply to court staff and others who are subject tothe judge’s influence, direction or authority.What may be accepted179. This prohibition does not include:(a)(b)(c)(d)Ordinary social hospitality that is common in the judge’s community,extended for a non-business purpose, and limited to the provision ofmodest items such as food and refreshments;Items with little intrinsic value intended solely for presentation, such asplaques, certificates, trophies and greeting cards;Loans from banks and other financial institutions given on normalterms, based on the usual factors, without regard to judicial status;Opportunities and benefits, including favourable rates and commercialdiscounts, that are available based on factors other than judicial status;117