publications_unodc_commentary-e

Value 6COMPETENCE AND DILIGENCEPrinciple:Competence and diligence are prerequisites to the dueperformance of judicial office.CommentaryCompetence192. Competence in the performance of judicial duties requires legal knowledge,skill, thoroughness and preparation. A judge’s professional competence should beevident in the discharge of his or her duties. Judicial competence may be diminishedand compromised when a judge is debilitated by drugs or alcohol, or is otherwisementally or physical impaired. In a smaller number of cases, incompetence may bea product of inadequate experience, problems of personality and temperament, or theappointment to judicial office of a person who is unsuitable to exercise it anddemonstrates that unsuitability in the performance of the judicial office. In somecases, this may be the product of incapacity or disability, in which case the onlysolution, albeit an extreme one, is the person’s constitutional removal from office.Diligence193. To consider soberly, to decide impartially, and to act expeditiously are allaspects of judicial diligence. Diligence also includes striving for the impartial andeven-handed application of the law, and the prevention of the abuse of process. Theability to exhibit diligence in the performance of judicial duties may depend on theburden of work, the adequacy of resources (including the provision of support staffand technical assistance), and time for research, deliberation, writing and judicialduties other than sitting in court.Relevance of rest, relaxation and family life144. The importance of a judge’s responsibility to his or her family has to berecognized. A judge should have sufficient time to permit the maintenance ofphysical and mental well-being and reasonable opportunities to enhance the skill andknowledge necessary for the effective performance of judicial functions. The stressof fulfilling judicial duties is increasingly being recognized. In appropriate cases,129