publications_unodc_commentary-e

Recommendations

Info

judgment, the expedition of cases, the delaying of cases, the fixing of convenientdates and the rediscovery of lost files, the judge should consider:(e) Displaying notices in the court building and and in other places wherethey might be seen by relevant persons forbidding all such paymentsand providing confidential procedures for filing complaints about suchpractices;(f) Appointing court vigilance officers and users’ committees togetherwith appropriate systems of inspection to counter such informalpayments;(g) Computerizing court records, including court hearing schedules;(h) Introducing time limits for the legal steps required for preparing a casefor hearing; and(i) Ensuring that the court responds to public complaints promptly andeffectively.133
6.3 A judge shall take reasonable steps to maintain andenhance the judge's knowledge, skills and personalqualities necessary for the proper performance of judicialduties, taking advantage for this purpose of the trainingand other facilities which should be made available,under judicial control, to judges.CommentaryEvery judge should take advantage of further training opportunities199. The independence of the judiciary confers rights on a judge, but alsoimposes ethical duties, including the duty to perform judicial work professionallyand diligently. This implies that a judge should have substantial professional abilityand that this ability should be acquired, maintained and regularly enhanced throughfurther training opportunities, which the judge has a duty, as well as a right, to take.It is highly desirable, if not essential, for a judge to receive detailed, in-depth,diverse training appropriate to the judge’s professional experience upon firstappointment so that he or she is able to perform the judicial duties satisfactorily.The knowledge that is required may include not only aspects of substantive andprocedural law, but also the impact of the law and the courts on real life.200. The trust that citizens place in the judicial system will be strengthened if ajudge’s knowledge is so deep and broad that it extends beyond the technical field oflaw to areas of important social concern, and if a judge possesses the kinds ofpersonal skills and understanding (in and outside the courtroom) that enable him orher to manage cases and deal with all persons involved appropriately and sensitively.Training is, in short, essential for the objective, impartial and competentperformance of judicial functions and to protect judges from inappropriateinfluences. Thus, a judge today will usually receive training on appointment in suchcourses as sensitivity to issues of gender, race, indigenous cultures, religiousdiversity, sexual orientation, HIV/AIDS status, disability and so forth. In the past, itwas often assumed that a judge picked up such knowledge in the course of dailypractice as a lawyer. However, experience has taught the value of such training –especially the value of allowing members of such groups and minorities to speakdirectly to judges so that they have hearings and materials to help them handle suchissues when they arise in practice later on.201. While a judge who is recruited at the commencement of his or herprofessional career needs to be trained, usually in a university, the same is true for ajudge who is selected from among the best and most experienced lawyers. “A goodlawyer may make a bad judge, and an indifferent lawyer may make a good judge.134
Page 2 and 3:
United NationsOffice on Drugs and C
Page 4:
CONTENTSPreface… ................
Page 10 and 11:
DRAFTING HISTORYI. BackgroundIn Apr
Page 12 and 13:
g. The Iowa Code of Judicial Conduc
Page 14 and 15:
IV. The Bangalore Draft Code of Jud
Page 16 and 17:
Davide of the Supreme Court of the
Page 18 and 19:
The Commission has frequently expre
Page 20 and 21:
(h) Requested the UNODC to convene
Page 22:
Where citations have been used, the
Page 25 and 26:
WHEREAS the International Covenant
Page 27 and 28:
WHEREAS the foregoing fundamental p
Page 29 and 30:
esponsibility, it is essential that
Page 31 and 32:
WHEREAS it is essential that judges
Page 33 and 34:
WHEREAS the primary responsibility
Page 35 and 36:
5. Everyone shall have the right to
Page 37 and 38:
THE FOLLOWING PRINCIPLES are intend
Page 40 and 41:
Value 1INDEPENDENCEPrinciple:Judici
Page 42 and 43:
Conditions for judicial independenc
Page 44 and 45:
A judge must act irrespective of po
Page 46 and 47:
finding, an important part of a jud
Page 48 and 49:
1.3 A judge shall not only be free
Page 50 and 51:
or her. No such gatherings should b
Page 52 and 53:
that very remote instance the judge
Page 54 and 55:
1.6 A judge shall exhibit and promo
Page 56 and 57:
(d)(e)(f)(g)(h)(i)(j)(k)(l)(m)(n)(o
Page 58 and 59:
Value 2IMPARTIALITYPrinciple:Impart
Page 60 and 61:
Application:2.1 A judge shall perfo
Page 62 and 63:
2.2 A judge shall ensure that his o
Page 64 and 65:
2.3 A judge shall, so far as is rea
Page 66 and 67:
2.4 A judge shall not knowingly, wh
Page 68 and 69:
(b) The second aspect relates to a
Page 70 and 71:
informed, will remove the objection
Page 72 and 73:
countenances the possibility that j
Page 74 and 75:
Other things being equal, the more
Page 76 and 77:
2.5.2 the judge previously served a
Page 78:
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 130 and 131: Value 6COMPETENCE AND DILIGENCEPrin
Page 132 and 133: Application6.1 The judicial duties
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
show all

publications_unodc_commentary-e

You also want an ePaper? Increase the reach of your titles

Delete template?

Save as template?