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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
counselling and therapy should be afforded to a judge suffering from stress. In thepast, judges and legal professionals tended to disparage or dismiss theseconsiderations. In recent times, empirical research and notorious cases of judicialbreakdown have brought such matters to general attention. 5454 M.D. Kirby, “Judicial Stress: An Update”, (1997) 71 Australian Law Journal 774, at 791.130
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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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(b) The second aspect relates to a
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informed, will remove the objection
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countenances the possibility that j
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Other things being equal, the more
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2.5.2 the judge previously served a
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Provided that disqualification of a
Page 81 and 82: Application3.1 A judge shall ensure
Page 83 and 84: It has been argued that the use of
Page 86 and 87: Value 4PROPRIETYPrinciple:Propriety
Page 88 and 89: 4.2. As a subject of constant publi
Page 90 and 91: 4.3 A judge shall, in his or her pe
Page 92 and 93: Special care should be taken where
Page 94 and 95: not hold a supervisory or administr
Page 96 and 97: 4.6 A judge, like any other citizen
Page 98 and 99: such judicial commentary should be
Page 100 and 101: 4.8 A judge shall not allow the jud
Page 102 and 103: performance of their lawful duties
Page 104 and 105: Former judges153. Depending on loca
Page 106 and 107: 4.11 Subject to the proper performa
Page 108 and 109: 4.11.3 serve as a member of an offi
Page 110 and 111: ii. Does it essentially involve an
Page 112 and 113: 4.11.4 engage in other activities i
Page 114 and 115: should not give legal advice. This
Page 116 and 117: Protecting the judge’s own intere
Page 118 and 119: 4.14 A judge and members of the jud
Page 120 and 121: 4.16 Subject to law and to any lega
Page 122 and 123: Value 5EQUALITYPrinciple:Ensuring e
Page 124 and 125: Application5.1 A judge shall be awa
Page 126 and 127: 5.3 A judge shall carry out judicia
Page 128 and 129: 5.5 A judge shall require lawyers i
Page 132 and 133: Application6.1 The judicial duties
Page 134 and 135: judgment, the expedition of cases,
Page 136 and 137: The quality of judgment and demeano
Page 138 and 139: 6.4 A judge shall keep himself or h
Page 140 and 141: about decisions that appear to them
Page 142 and 143: impossible, to suggest a uniform st
Page 144 and 145: IMPLEMENTATIONBy reason of the natu
Page 146 and 147: DEFINITIONSIn this statement of pri
Page 148 and 149: AnnexCULTURAL AND RELIGIOUS TRADITI
Page 150 and 151: When a judge does not inquire into
Page 152 and 153: . . . deal impartially with the sui
Page 154 and 155: Jewish LawThe following is an extra
Page 156 and 157: Sanity: A person whose judgment is
Page 158 and 159: 9. A judge must be prompt in delive
Page 160 and 161: 8. He must not permit a litigant to
Page 162 and 163: SELECT BIBLIOGRAPHYBooks and Monogr
Page 164 and 165: Delaware Judicial Ethics Advisory C
Page 166 and 167: INDEX 80accused personrights, 49app
Page 168 and 169: prompt disposal of matters, 207rese
Page 170 and 171: apprehension of bias, 56abuse of co
Page 172 and 173: family members, activities of, 69fo
Page 174 and 175: personal knowledge of disputed fact
Page 176: sentencing, rights relating to, 50s
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