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about decisions that appear to them to be unduly delayed. Such protocols shouldmake allowance for complaints to an appropriate authority within the court wherethe delay is unreasonable or seriously prejudicial to a party.139
6.6 A judge shall maintain order and decorum in allproceedings before the court and be patient, dignified andcourteous in relation to litigants, jurors, witnesses,lawyers and others with whom the judge deals in anofficial capacity. The judge shall require similar conductof legal representatives, court staff and others subject tothe judge's influence, direction or control.CommentaryThe role of the judge211. The role of the judge has been summed up by a senior judge in thefollowing terms: 57The judge’s part . . . is to hearken to the evidence, only himselfasking questions of witnesses when it is necessary to clear up any pointthat has been overlooked or left obscure, to see that the advocatesbehave themselves seemly and keep to the rules laid down by law, toexclude irrelevancies and discourage repetition; to make sure by wiseintervention that he follows the points that the advocates are making andcan assess their worth; and at the end to make up his mind where thetruth lies. If he goes beyond this, he drops the mantle of a judge andassumes the robe of an advocate; and the change does not become himwell. . . Such are our standards.Duty to maintain order and decorum in court212. “Order” refers to the level of regularity and civility required to guaranteethat the business of the court will be accomplished in conformity with the rulesgoverning the proceeding. “Decorum” refers to the atmosphere of attentiveness andearnest endeavour which communicates, both to the participants and to the public,that the matter before the court is receiving serious and fair consideration.Individual judges may have differing ideas and standards concerning theappropriateness of particular behaviour, language and dress for the lawyers andlitigants appearing before them. What one judge may perceive to be an obviousdeparture from propriety, another judge may deem a harmless eccentricity, anirrelevancy or no departure at all. Also, some proceedings call for more formalitythan others. Thus, at any given time, courtrooms across a country will inevitablymanifest a broad range of “order” and “decorum”. It is undesirable, and in any case57 Jones v. National Coal Board, Court of Appeal of England and Wales [1957] 2 QB p.55 atp.64, per Lord Denning.140
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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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Value 4PROPRIETYPrinciple:Propriety
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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 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 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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