publications_unodc_commentary-e

Some examples of inappropriate connections and influence38. The following are some examples of “inappropriate connections with andinfluence by” the executive and legislative branches of government, as determinedby courts or judicial ethics advisory committees. These are offered as guidelines. Ineach case the outcome depends on all the circumstances of the case tested accordingto how those circumstances might be viewed by the reasonable observer:(a) If a legislator writes to a judge informing the judge of the legislator’sinterest, on behalf of a constituent, in an expeditious and just result in theconstituent’s divorce and custody case, the judge may reply by simply informing thelegislator - personally or, preferably, through a representative - that the principles ofjudicial conduct prohibit him or her from receiving, considering or responding tosuch a communication. The scope of the prohibition includes responding to alegislator’s inquiry about the status of a case or the date when a decision may beforthcoming, because to do so creates the appearance that the legislator is able toinfluence the judge to expedite a decision and thereby obtain preferentialconsideration for a litigant. 22(b) It is inconsistent with the principle of judicial independence for a judge toaccept, during a period of leave, full-time employment at a high, policy-makinglevel in the executive or legislative branch (for example, as special adviser onmatters related to reform of the administration of justice). The movement back andforth between high-level executive and legislative positions and the judiciarypromotes the very kind of function-blending that the concept of separation of powersintends to avoid. That blending is likely to affect the judge’s perception, and theperception of the officials with whom the judge serves, regarding the judge’sindependent role. Even if it does not, such service will adversely affect the publicperception of the independence of the courts from the executive and legislativebranches of government. Such employment is different from a judge serving in theexecutive or legislative branch before becoming a judge, and serving in thosepositions after leaving judicial office. In these cases, the appointment and theresignation processes provide a clear line of demarcation for the judge, and forobservers of the judicial system, between service in one branch and service inanother. 23(c) Where a judge’s spouse is an active politician, the judge must remainsufficiently divorced from the conduct of members of his or her family to ensure thatthere is not a public perception that the judge is endorsing a political candidate.While the spouse may attend political gatherings, the judge may not accompany him22 See United States of America, Commonwealth of Virginia Judicial Ethics AdvisoryCommittee, Opinion 2000-7.23 See United States of America, The Massachusetts Committee on Judicial Ethics, OpinionNo.2000-15.48