publications_unodc_commentary-e

(b) The second aspect relates to a judge’s contact with the media outside thecourt. In most jurisdictions, the media gains information from courtrecords and documents made available to them and from the public natureof proceedings in court. In some countries (in particular where court filesare secret), a system exists whereby a particular judge in each court ischarged with informing the media of the actual position relating to anyparticular case. Apart from the provision of information of this nature, anycomment by a judge outside the court on cases before him or her, or beforeother judges, would normally be inappropriate(c) A third aspect concerns comment, even in an academic article, on thejudge’s own or another judge’s decision. This would usually bepermissible only if the comment is on a purely legal point of generalinterest decided or considered in a particular case. However, theconventions on the discussion of past decisions in a purely academiccontext appear to be undergoing changes. Different judges hold differentviews about the subject and absolute rules cannot be laid down. Generallyspeaking, it is still a rule of prudence that a judge does not enter intoneedless controversy over past decisions, especially where the controversymay be seen as an attempt to add reasons to those stated in the judge’spublished judgment.67