family members, activities of, 69former, 153frequenting clubs, 118gambling, 117government, not beholden to, 25incompatible activities, 135involvement in public controversies, 65, 134, 136membership in secret societies, 127personal conduct of, 109personal litigation, 175previously an advocate, 94primary obligation of, 195protection of own interests, 175recusal, when required, 128-131residence, use by lawyer, 133restrictions on activities, 114rights of, 134role of, 15, 211scrupulous respect for law required, 108social contactwith individual lawyers, 120-121with legal profession, 119, 122-125with litigants, 126with prosecutors and police officers, 125vocation of, 31visits to former chambers, 125visits to public bars, 116withdrawal of case from, 217judge’s family, definition of, 221judge in one’s own cause, 78judgment,altering substance, 107outside influences must not colour, 27judicial duties take precedence, 195judicial independence see independencejudicial officenature of, 15no need to conceal fact of holding, 146proper and improper use of, 145-152when duty bound to resign, 108judicial remarks, duty to temper, 188judicial system, effect of personal conduct of judge on, 109judicial trainingcontent of curricula, 202duty to undertake, 199-201in-service, 203171
esponsibility for, 204-205judiciarycollective responsibility to uphold standards, 14hierarchical organization irrelevant, 40independent and impartial, 12public confidence in, 13understanding role of, 20justice must be seen to be done, 100lawduty to uphold, 108duty to enforce, 108mollifying application of, 108lawyerconduct of, 191dating relationship with judge, 131racist, sexist or other inappropriate conduct, 191social relationship with judge, 120-125use of judge’ residence for legal practice, 133law firmjudge as guest of, 124visit by judge to, 125judge’s family member affiliated to, 129legal advice to family member, 174legal education, participation in, 157legal profession, social contact with, 119-125legislator, correspondence with, 38letters of reference, 148litigant, social relationship with, 126loans from banks, 179mediacriticism of judge, 74misreporting judge, 75relations with judge, 76mediator, 173misuse of court staff, 219moral values, 105-106necessity, doctrine of, 100, 132non-profit organization, membership in, 167-168official body, appearance before, 158-159outside influences, 27partiality, perception of, 55172
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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
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4.3 A judge shall, in his or her pe
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Special care should be taken where
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not hold a supervisory or administr
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4.6 A judge, like any other citizen
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such judicial commentary should be
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4.8 A judge shall not allow the jud
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performance of their lawful duties
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Former judges153. Depending on loca
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4.11 Subject to the proper performa
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4.11.3 serve as a member of an offi
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ii. Does it essentially involve an
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4.11.4 engage in other activities i
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should not give legal advice. This
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Protecting the judge’s own intere
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4.14 A judge and members of the jud
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4.16 Subject to law and to any lega
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- Page 132 and 133: Application6.1 The judicial duties
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- Page 138 and 139: 6.4 A judge shall keep himself or h
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- Page 146 and 147: DEFINITIONSIn this statement of pri
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- Page 154 and 155: Jewish LawThe following is an extra
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- Page 158 and 159: 9. A judge must be prompt in delive
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- Page 162 and 163: SELECT BIBLIOGRAPHYBooks and Monogr
- Page 164 and 165: Delaware Judicial Ethics Advisory C
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- Page 170 and 171: apprehension of bias, 56abuse of co
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