publications_unodc_commentary-e

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