publications_unodc_commentary-e

2.2 A judge shall ensure that his or her conduct, both in andout of court, maintains and enhances the confidence ofthe public, the legal profession and litigants in theimpartiality of the judge and of the judiciary.CommentaryA judge must maintain a fine balance61. A judge is obliged to ensure that judicial proceedings are conducted in anorderly and efficient manner and that the court’s process in not abused. Anappropriate measure of firmness is necessary to achieve this end. A fine balance hasto be drawn by the judge, who is expected both to conduct the process effectivelyand to avoid creating in the mind of a reasonable observer any impression of a lackof impartiality. Any action which, in the mind of a reasonable observer, would (ormight) give rise to a reasonable suspicion of a lack of impartiality in theperformance of judicial functions must be avoided. Where such impressions arecreated, they affect not only the litigants before the court but public confidence inthe judiciary generally.Conduct that should be avoided in court62. The expectations of litigants are high. Some will be quick to perceive biasquite unjustifiably when a decision is not in their favour. Therefore, every effortshould be made to ensure that reasonable grounds for such a perception are avoidedor minimized. A judge must be alert to avoid behaviour that may be perceived as anexpression of bias or prejudice. Unjustified reprimands of advocates, insulting andimproper remarks about litigants and witnesses, statements evidencing prejudgmentsand intemperate and impatient behaviour may destroy the appearance of impartiality,and must be avoided.Constant interference in the conduct of the trial should be avoided63. A judge is entitled to ask questions to clarify issues, but if the judgeconstantly interferes and virtually takes over the conduct of a civil case or the role ofthe prosecution in a criminal case and uses the results of his or her own questioningto arrive at a conclusion in the judgment in the case, the judge becomes advocate,witness and judge at the same time and the litigant does not receive a fair trial.61