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
(e)(f)(g)(h)Rewards and prizes given to competitors in random drawings, contestsor other events that are open to the public and awarded based onfactors other than judicial status;Scholarships and fellowships awarded on the same terms and based onthe same criteria applied to any applicant who is not a judge;Reimbursement or waiver of charges for travel-related expenses,including the cost of transportation, lodging, and meals for the judgeand a relative, incident to the judge’s attendance at a function oractivity devoted to the improvement of the law, the legal system, or theadministration of justice.Reasonable compensation for legitimate and permitted extra-judicialactivities.Social hospitality180. The line between “ordinary social hospitality” and an improper attempt togain the judge’s favour is sometimes difficult to draw. The context is important, andno one factor will usually determine whether it is proper for the judge to attend theevent or not. One question that should be asked is whether acceptance of suchhospitality would adversely affect the judge’s independence, integrity, the obligationto respect the law, impartiality or dignity or the timely performance of judicialduties, or appear to involve infractions of any of these. Other questions that shouldbe considered are: Is the person initiating the social contact an old friend or recentacquaintance? Does the person have an unfavourable reputation in the community?Is the gathering large or intimate? Is it spontaneous or has it been arranged? Doesanyone attending have a case pending before the judge? Is the judge receiving abenefit not offered to others that will reasonably excite suspicion or criticism?118
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United NationsOffice on Drugs and C
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CONTENTSPreface… ................
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DRAFTING HISTORYI. BackgroundIn Apr
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g. The Iowa Code of Judicial Conduc
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IV. The Bangalore Draft Code of Jud
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Davide of the Supreme Court of the
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The Commission has frequently expre
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(h) Requested the UNODC to convene
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Where citations have been used, the
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WHEREAS the International Covenant
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WHEREAS the foregoing fundamental p
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esponsibility, it is essential that
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WHEREAS it is essential that judges
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WHEREAS the primary responsibility
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5. Everyone shall have the right to
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THE FOLLOWING PRINCIPLES are intend
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Value 1INDEPENDENCEPrinciple:Judici
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Conditions for judicial independenc
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A judge must act irrespective of po
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finding, an important part of a jud
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1.3 A judge shall not only be free
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or her. No such gatherings should b
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that very remote instance the judge
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1.6 A judge shall exhibit and promo
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(d)(e)(f)(g)(h)(i)(j)(k)(l)(m)(n)(o
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Value 2IMPARTIALITYPrinciple:Impart
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Application:2.1 A judge shall perfo
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2.2 A judge shall ensure that his o
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2.3 A judge shall, so far as is rea
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2.4 A judge shall not knowingly, wh
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- Page 96 and 97: 4.6 A judge, like any other citizen
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- Page 124 and 125: Application5.1 A judge shall be awa
- Page 126 and 127: 5.3 A judge shall carry out judicia
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- Page 132 and 133: Application6.1 The judicial duties
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- Page 138 and 139: 6.4 A judge shall keep himself or h
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- Page 154 and 155: Jewish LawThe following is an extra
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- Page 162 and 163: SELECT BIBLIOGRAPHYBooks and Monogr
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prompt disposal of matters, 207rese
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apprehension of bias, 56abuse of co
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family members, activities of, 69fo
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personal knowledge of disputed fact
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sentencing, rights relating to, 50s