publications_unodc_commentary-e

Application:4.1 A judge shall avoid impropriety and the appearance ofimpropriety in all of the judge's activities.CommentaryThe test for impropriety112. The test for impropriety is whether the conduct compromises the ability ofthe judge to carry out judicial responsibilities with integrity, impartiality,independence and competence, or whether it is likely to create, in the mind of areasonable observer, a perception that the judge’s ability to carry out judicialresponsibilities in that manner is impaired. For example, treating a State officialdifferently from any other member of the public by giving that official preferentialseating creates the appearance to the average observer that the official has specialaccess to the court and its decision-making processes. On the other hand, schoolchildren often tour the courts and are seated in special places, at times on the bench.Children are not in a position of power and, therefore, do not create an appearance ofexerting improper influence, especially when it is explained that they are present foreducational reasons.Inappropriate contacts113. The judge must be sensitive to the need to avoid contacts that may leadpeople to speculate that there is a special relationship between him or her andsomeone whom the judge may be tempted to favour in some way. For example, ajudge must ordinarily avoid being transported by police officers or lawyers and,when using public transport, must avoid sitting next to a litigant or witness.86