publications_unodc_commentary-e

1.4 In performing judicial duties, a judge shall beindependent of judicial colleagues in respect of decisionswhich the judge is obliged to make independently.CommentaryA judge must be independent of other judges39. The task of judging implies a measure of autonomy which involves thejudge’s conscience alone. 28 Therefore, judicial independence requires not only theindependence of the judiciary as an institution from the other branches ofgovernment; it also requires judges being independent from each other. In otherwords, judicial independence depends not only on freedom from undue externalinfluence, but also freedom from undue influence that might come from the actionsor attitudes of other judges. Although a judge may sometimes find it helpful to“pick the brain” of a colleague on a hypothetical basis, judicial decision-making isthe responsibility of the individual judge, including each judge sitting in a collegiateappellate court.The hierarchical organization of the judiciary is irrelevant40. In the performance of his or her functions, a judge is no one’s employee.He or she is a servant of, and answerable only to, the law and to his or herconscience which the judge is obliged to constantly examine. It is axiomatic that,apart from any system of appeal, a judge deciding a case does not act on any orderor instruction of a third party inside or outside the judiciary. Any hierarchicalorganization of the judiciary and any difference in grade or rank shall, in no way,interfere with the right of a judge to pronounce the judgment freely, uninfluenced byextrinsic considerations or influences.A judge is not obliged to report on the merits of a case41. Liability to answer to anyone, particularly to one who might be aggrievedby the action of the judge, is inconsistent with the independence of the judiciary.Except by way of judicial reasons or other procedures lawfully provided, a judge isnot obliged to report on the merits of a case, not even to other members of thejudiciary. If a decision were so incompetent as to evidence a disciplinary offence, in28 Roger Perrot, “The role of the Supreme Court in guaranteeing the uniform interpretation ofthe law”, Sixth Meeting of the Presidents of European Supreme Courts, Warsaw, October2000.50