publications_unodc_commentary-e

6.5 A judge shall perform all judicial duties, including thedelivery of reserved decisions, efficiently, fairly andwith reasonable promptness.CommentaryDuty to dispose of matters with reasonable promptness207. In disposing of matters efficiently, fairly and promptly, a judge mustdemonstrate due regard for the rights of the parties to be heard and to have issuesresolved without unnecessary cost or delay. A judge should monitor and supervisecases so as to reduce or eliminate dilatory practices, avoidable delays andunnecessary costs. A judge should encourage and seek to facilitate settlement, butparties should not feel coerced into surrendering the right to have their disputeresolved by the courts. The duty to hear all proceedings fairly and with patience isnot inconsistent with the duty to dispose promptly of the business of the court. Ajudge can be efficient and businesslike while being patient and deliberate.Duty to be punctual208. Prompt disposition of the court’s business requires a judge to be punctual inattending court and expeditious in determining matters under submission and toinsist that court officials, litigants and their lawyers cooperate with the judge to thatend. Irregular or non-existent hours contribute to delay and create a negativeimpression of the courts. Thus, in jurisdictions where regular sitting hours areprescribed or expected, judges should observe these punctiliously, while alsoensuring the expeditious despatch of out-of-court business.Duty to deliver reserved decisions without delay209. A judge should deliver his or her reserved decisions, having due regard tothe urgency of the matter and other special circumstances, as soon as reasonablypossible, taking into account the length or complexity of the case and other workcommitments. In particular, the reasons for a decision should be published by thejudge without unreasonable delay.Importance of transparency210. A judge should institute transparent mechanisms to allow lawyers andlitigants to know the status of court proceedings. Courts should introduce publiclyknown protocols by which lawyers or self-represented litigants may make enquiries138