publications_unodc_commentary-e

6.2 A judge shall devote the judge's professional activity tojudicial duties, which include not only the performance ofjudicial functions and responsibilities in court and themaking of decisions, but also other tasks relevant to thejudicial office or the court's operations.CommentaryProfessional competence in judicial administration is necessary196. To some degree, every judge must manage as well as decide cases. Thejudge is responsible for the efficient administration of justice in his or her court.This involves case management (including the prompt disposition of cases), recordkeeping,management of funds, and supervision of court staff. If the judge is notdiligent in monitoring and disposing of cases, the resulting inefficiency will increasecosts and undermine the administration of justice. A judge should thereforemaintain professional competence in judicial administration and facilitate theperformance of the administrative responsibilities of court officials. 55Disappearance of court records197. The judge must take all reasonable and necessary steps to prevent courtrecords from disappearing or being withheld. Such steps may include thecomputerisation of court records. The judge should also institute systems for theinvestigation of the loss and disappearance of court files. Where wrongdoing issuspected, the judge should ensure the independent investigation of the loss of files,which is always to be regarded as a serious lapse on the part of the court concerned.In the case of lost files, the judge should institute, in so far as is reasonablypracticable, action to reconstruct the record and procedures to avoid such loss.Unofficial payments198. Having regard to reports from many jurisdictions of unofficial paymentsbeing demanded, particularly or ostensibly by court staff, for purposes such as thecalling up of files, the issuing of summons, the service of summons, the issuing of acopy of the evidence, the obtaining of bail, the provision of a certified copy of a55 See “Principles of Conduct for Court Personnel”, Report of the Fourth Meeting of theJudicial Integrity Group, 27-28 October 2005, Vienna, Austria, Annex A, atwww.unodc.org/pdf/corruption/publication_jig4.pdf132