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WHEREAS public confidence in the judicial system and in themoral authority and integrity of the judiciary is of the utmostimportance in a modern democratic society.CommentaryPublic confidence in the judiciary13. It is public confidence in the independence of the courts, in the integrity ofits judges, and in the impartiality and efficiency of its processes that sustain thejudicial system of a country. As has been observed by a judge:The Court’s authority . . . possessed of neither the purse nor the sword . .. ultimately rests on sustained public confidence in its moral sanction.Such feeling must be nourished by the Court’s complete detachment, infact and in appearance, from political entanglements and by abstentionfrom injecting itself into the clash of political forces in politicalsettlements. 55 Baker v. Carr, Supreme Court of the United States of America, (1962) 369 US 186, perJustice Frankfurter.29
WHEREAS it is essential that judges, individually andcollectively, respect and honour judicial office as a public trustand strive to enhance and maintain confidence in the judicialsystem.CommentaryCollective responsibility14. A judge must consider it his or her duty not only to observe high standardsof conduct, but also to participate in collectively establishing, maintaining andupholding those standards. Even one instance of judicial misconduct mayirreparably damage the moral authority of the court.The judicial office15. The following remarks were once addressed by a Chief Justice to newlyappointedjudges in his jurisdiction:A judge’s role is to serve the community in the pivotal role ofadministering justice according to law. Your office gives you thatopportunity and that is a privilege. Your office requires you to serve, andthat is a duty. No doubt there were a number of other reasons, personaland professional, for accepting appointment, but the judge will notsucceed and will not find satisfaction in his or her duties unless there iscontinual realization of the importance of the community service that isrendered. Freedom, peace, order and good government – the essentialsof the society we treasure – depend in the ultimate analysis on thefaithful performance of judicial duty. It is only when the community hasconfidence in the integrity and capacity of the judiciary that thecommunity is governed by the rule of law. Knowing this, you must have ahigh conceit of the importance of your office. When the work loses itsnovelty, when the case load resembles the burdens of Sisyphus, when thetyranny of reserved judgments palls, the only permanently sustainingmotivation to strive onwards is in the realization that what you are calledon to do is essential to the society in which you live.You are privileged to discharge the responsibilities of office and you areobliged to leave it unsullied when the time comes to lay it down. Whatyou say and what you do, in public and to some extent, in private, willaffect the public appreciation of your office and the respect which itought to command. The running of the risk of being arrested whiledriving home from a dinner party or a minor understatement of income30
Page 2 and 3: United NationsOffice on Drugs and C
Page 4: CONTENTSPreface… ................
Page 10 and 11: DRAFTING HISTORYI. BackgroundIn Apr
Page 12 and 13: g. The Iowa Code of Judicial Conduc
Page 14 and 15: IV. The Bangalore Draft Code of Jud
Page 16 and 17: Davide of the Supreme Court of the
Page 18 and 19: The Commission has frequently expre
Page 20 and 21: (h) Requested the UNODC to convene
Page 22: Where citations have been used, the
Page 25 and 26: WHEREAS the International Covenant
Page 27 and 28: WHEREAS the foregoing fundamental p
Page 29: esponsibility, it is essential that
Page 33 and 34: WHEREAS the primary responsibility
Page 35 and 36: 5. Everyone shall have the right to
Page 37 and 38: THE FOLLOWING PRINCIPLES are intend
Page 40 and 41: Value 1INDEPENDENCEPrinciple:Judici
Page 42 and 43: Conditions for judicial independenc
Page 44 and 45: A judge must act irrespective of po
Page 46 and 47: finding, an important part of a jud
Page 48 and 49: 1.3 A judge shall not only be free
Page 50 and 51: or her. No such gatherings should b
Page 52 and 53: that very remote instance the judge
Page 54 and 55: 1.6 A judge shall exhibit and promo
Page 56 and 57: (d)(e)(f)(g)(h)(i)(j)(k)(l)(m)(n)(o
Page 58 and 59: Value 2IMPARTIALITYPrinciple:Impart
Page 60 and 61: Application:2.1 A judge shall perfo
Page 62 and 63: 2.2 A judge shall ensure that his o
Page 64 and 65: 2.3 A judge shall, so far as is rea
Page 66 and 67: 2.4 A judge shall not knowingly, wh
Page 68 and 69: (b) The second aspect relates to a
Page 70 and 71: informed, will remove the objection
Page 72 and 73: countenances the possibility that j
Page 74 and 75: Other things being equal, the more
Page 76 and 77: 2.5.2 the judge previously served a
Page 78: Provided that disqualification of a
Page 81 and 82:
Application3.1 A judge shall ensure
Page 83 and 84:
It has been argued that the use of
Page 86 and 87:
Value 4PROPRIETYPrinciple:Propriety
Page 88 and 89:
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 140 and 141:
about decisions that appear to them
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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