publications_unodc_commentary-e

1.2 A judge shall be independent in relation to society ingeneral and in relation to the particular parties to adispute which the judge has to adjudicate.CommentaryComplete isolation neither possible nor beneficial31. How independent of society is a judge expected to be? The vocation of ajudge was once described as being “something like a priesthood”. 16 Another judgewrote that “the Chief Justice goes into a monastery and confines himself to hisjudicial work”. 17 Such constraints may be considered far too demanding today,although the regime imposed on a judge is probably “monastic in many of itsqualities” 18 . While a judge is required to maintain a form of life and conduct moresevere and restricted than that of other people, it would be unreasonable to expecthim or her to retreat from public life altogether into a wholly private life centredaround home, family and friends. The complete isolation of a judge from thecommunity in which the judge lives is neither possible nor beneficial.Contact with the community is necessary32. If a judge is not to be sealed hermetically in his or her home after workinghours, the judge will be exposed to opinion shaping forces, and may even formopinions as a consequence of exposure to friends, colleagues, and the media.Indeed, knowledge of the public is essential to the sound administration of justice.A judge is not merely enriched by knowledge of the real world; the nature of modernlaw requires that a judge “live, breathe, think and partake of opinions in thatworld”. 19 Today, the judge’s function extends beyond dispute resolution.Increasingly, the judge is called upon to address broad issues of social values andhuman rights, to decide controversial moral issues, and to do so in increasinglypluralistic societies. A judge who is out of touch is less likely to be effective.Neither the judge’s personal development nor the public interest will be well servedif the judge is unduly isolated from the community he or she serves. Legal standardsfrequently call for the application of the reasonable person test. Judicial fact-16 Lord Hailsham, Lord Chancellor of England, cited in A.R.B. Amerasinghe, JudicialConduct Ethics and Responsibilities (Sri Lanka, Vishvalekha Publishers, 2002), p.1.17 William H. Taft, Chief Justice of the United States Supreme Court, cited in David Wood,Judicial Ethics: A Discussion Paper (Victoria, Australian Institute of Judicial AdministrationIncorporated, 1996), p.3.18 Justice Michael D. Kirby, Judge of the High Court of Australia, cited in David Wood,Judicial Ethics, p.3.19 See United States of America, Supreme Court of Wisconsin, Judicial Conduct AdvisoryCommittee, Opinion 1998-10R.44