publications_unodc_commentary-e

5.5 A judge shall require lawyers in proceedings before thecourt to refrain from manifesting, by words or conduct,bias or prejudice based on irrelevant grounds, exceptsuch as are legally relevant to an issue in proceedings andmay be the subject of legitimate advocacy.CommentaryDuty to prevent lawyers engaging in racist, sexist or other inappropriateconduct191. The judge must address clearly irrelevant comments made by lawyers incourt or in the presence of the judge that are sexist or racist or otherwise offensive orinappropriate. Speech, gestures or inaction that could reasonably be interpreted asimplicit approval of such comments is also prohibited. This does not require thatproper advocacy or admissible testimony be curtailed where, for example, matters ofgender, race or other similar factors are properly before the court as issues in thelitigation. This is consistent with the judge’s general duty to listen fairly but, whennecessary, to assert control over the proceeding and to act with appropriate firmnessto maintain an atmosphere of equality, decorum and order in the courtroom. Whatconstitutes “appropriate firmness” will depend on the circumstances. In someinstances, a polite correction might be sufficient. However, deliberate orparticularly offensive conduct will require more significant action, such as a specificdirection from the judge, a private admonition, an admonition on the record or, if thelawyer repeats the misconduct after being warned and in so far as the law permits,contempt of court proceedings.127