publications_unodc_commentary-e

2.5.2 the judge previously served as a lawyer or was a materialwitness in the matter in controversy;CommentaryAn advocate has no responsibility for other members of chambers94. Where the judge had previously been engaged in private practice as anadvocate, his or her independent self-employed status as an advocate practising inchambers relieves the judge of any responsibility for, and usually any detailedknowledge of, the affairs of other members of the same chambers.Lawyers are responsible for the professional actions of partners95. A solicitor or similar lawyer practicing in a firm or company of lawyers maybe legally responsible for the professional actions of the other partners. As apartner, he or she may, therefore, owe a duty to clients of the firm even though he orshe had never acted for them personally and knows nothing of their affairs.Accordingly, a judge who had previously been a member of such a firm or companyshould not sit on any case in which the judge or the judge’s former firm was directlyinvolved in any capacity before the judge’s appointment, at least for a period of timeafter which it is reasonable to assume that any perception of imputed knowledge isspent.Previous employment in a government department or legal aid office96. In assessing the potential for bias arising from a judge’s previous employmentin a government department or legal aid office, the characteristics of the legalpractice within the department or office concerned should be taken into account, asshould any administrative, consultative or supervisory role previously played by thejudge.The judge as material witness in the matter in controversy97. The reason for this rule is that a judge cannot make evidentiary rulings on hisown testimony and should not be put in a position of embarrassment arising wherethis is, or might be seen to be, raised.75