The quality of judgment and demeanour in court may be far more important thanbeing learned in the law.” 56Content of judicial training curricula202. The performance of judicial duties is a new profession for both the youngrecruit and the experienced lawyer, and involves a particular approach in manyareas, notably with respect to the professional ethics of judges, court procedure andrelations with all persons involved in court proceedings. Depending on the levels ofprofessional experience of new recruits, the training should not consist only ofinstruction in the techniques involved in the handling of cases by judges, but shouldalso take into consideration the need for social awareness and an extensiveunderstanding of different subjects reflecting the complexity of life in society. Onthe other hand, it is important to take the specific features of recruitment methodsinto account so as to target and adapt the training programmes appropriately. Anexperienced lawyer needs to be trained only in what is required for the newprofession. He or she may have a full knowledge of court procedures, the law ofevidence, ordinary conventions and what is expected of a judge. However, such aperson may never have met a person living with HIV/AIDS or considered the speciallegal and other needs of such a person. In this sense, continuing judicial educationcan be a revelation. Although relatively new in many common law jurisdictions,experience has taught that, if controlled by the judiciary itself, it can be verybeneficial for new judges and lay a good foundation for a successful life as a judge.In-service training for all levels of the judiciary203. In addition to the basic knowledge that a judge needs to acquire at thecommencement of his or her judicial career, a judge is committed, on appointmen, toperpetual study and learning. Such training is made indispensable by constantchanges in the law and technology, and the possibility that in many countries a judgewill acquire new responsibilities when he or she takes up a new post. In-serviceprogrammes should therefore offer the possibility of training in the event of a careerchange, such as a move between criminal and civil courts or cases, the assumptionof a specialist jurisdiction (e.g. in a family or juvenile court) or the assumption of apost such as the presidency of a chamber or court. Continuous training opportunitiesshould be offered at all levels of the judiciary. Whenever feasible, representatives ofthe different levels should all be present at the same sessions so that they mayexchange views while also contributing to the breaking down of excessively stricthierarchical tendencies, keeping all levels of the judiciary informed of each other’s56 Sir Robert Megarry VC, ‘The Anatomy of Judicial Appointment: Change But Not Decay’,The Leon Ladner Lecture for 1984, 19:1 University of British Columbia Law Review, 113 at114.135
problems and concerns and promoting a more cohesive and consistent approach tothe service throughout the judiciary.The judiciary should be responsible for judicial training204. While the State has a duty to provide the necessary resources and to meetthe costs, with the support of the international community if required, the judiciaryshould play a major role in, or itself be responsible for, organising and supervisingjudicial training. In each country, these responsibilities should be entrusted to thejudiciary itself or another independent body such as a judicial service commission,not to the ministry of justice or any other authority answerable to the legislature orthe executive. Judges’ associations can also play a valuable role in encouraging andfacilitating ongoing training opportunities for judges in office. Given thecomplexities of modern society, it can no longer be assumed that sitting in courtnearly every day will prepare the judge to deal optimally with all the problems thatmight arise. Technological changes in information systems have presented evenhighly experienced judges with the need for re-training and support opportunities,which they should be encouraged to acknowledge and accept.The training authority to be different from disciplinary or appointing authority205. In order to ensure a proper separation of roles, the authority that isresponsible for training judges should not be the same that disciplines or appointsand promotes them. Under the authority of the judiciary or other independent body,training should be entrusted to a special autonomous establishment with its ownbudget, which is thus able, in consultation with judges, to devise trainingprogrammes and ensure their implementation. It is important that the training becarried out by judges and experts in each discipline. Trainers should be chosen fromamong the best in their profession and carefully selected by the body responsible fortraining, taking into account their knowledge of the subjects being taught and theirteaching skills.136
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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
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Application3.1 A judge shall ensure
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It has been argued that the use of
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- Page 96 and 97: 4.6 A judge, like any other citizen
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- Page 114 and 115: should not give legal advice. This
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- 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
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- Page 130 and 131: Value 6COMPETENCE AND DILIGENCEPrin
- Page 132 and 133: Application6.1 The judicial duties
- Page 134 and 135: judgment, the expedition of cases,
- Page 138 and 139: 6.4 A judge shall keep himself or h
- Page 140 and 141: about decisions that appear to them
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- Page 154 and 155: Jewish LawThe following is an extra
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- 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
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- Page 170 and 171: apprehension of bias, 56abuse of co
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- Page 174 and 175: personal knowledge of disputed fact
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