publications_unodc_commentary-e

1.5 A judge shall encourage and uphold safeguards for thedischarge of judicial duties in order to maintain andenhance the institutional and operational independence ofthe judiciary.CommentaryAttempts to undermine judicial independence should be resisted43. A judge should be vigilant with respect to any attempts to undermine his orher institutional or operational independence. While care must be taken not to risktrivializing judicial independence by invoking it indiscriminately in opposition toevery proposed change in the institutional arrangements affecting the judiciary, ajudge should be a staunch defender of his or her own independence.Public awareness of judicial independence should be encouraged44. A judge should recognize that not everyone is familiar with these conceptsand their impact on judicial responsibilities. Public education with respect to thejudiciary and judicial independence thus becomes an important function, both of thegovernment and its institutions and of the judiciary itself, for misunderstanding canundermine public confidence in the judiciary. The public may not get a completelybalanced view of the principle of judicial independence from the media, which mayportray it incorrectly as protecting judges from review of and public debateconcerning their actions. A judge should, therefore, in view of the public’s owninterest, take advantage of appropriate opportunities to help the public understandthe fundamental importance of judicial independence.52