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not hold a supervisory or administrative position in that office, caution should beexercised and recusal from all cases from that office considered for two reasons.First, since members in that office may share information on pending cases, there isa risk that the judge’s family member would inadvertently be involved in, orinfluence, other cases coming from that office, even without direct supervisoryresponsibility. Second, the judge’s impartiality might reasonably be questioned. Thetest is: might a reasonable observer have significant doubt over whether the judgemight have a conscious or subconscious bias towards the professional success of theoffice in which the judge’s family member serves on a regular basis?Dating relationship with a lawyer131. Where a judge is socially involved in a dating relationship with a lawyer,the judge should not, ordinarily, sit on cases involving that lawyer, unless theappearance of the lawyer is purely formal or otherwise put on the record. However,the judge is not ordinarily required to recuse himself or herself in cases involvingother members of that lawyer’s firm or office.Circuits in which there is only one judge and one lawyer132. There are judicial circuits or districts where there is only one judge on thebench and one lawyer in the prosecutor’s or defender’s office. If that lawyerhappens to be the son or daughter or other close relative of the judge, a mandatorydisqualification would bar the judge from presiding over all criminal cases. Thiswould impose hardship, not only on the other judges in the region (who would becalled upon to sit for the disqualified judge), but also on the defendants. It wouldalso become difficult to guarantee a speedy trial, to which defendants are entitled, ifa substitute judge has to be found in all such criminal cases. While disqualificationmay not be an absolute requirement in these circumstances, situations such as theseshould, so far as is reasonably practicable, be avoided.93
4.5 A judge shall not allow the use of the judge's residence bya member of the legal profession to receive clients orother members of the legal profession.CommentaryUse of a judge’s residence or telephone133. It is inappropriate for a judge to permit a lawyer to use his or her residenceto meet clients or lawyers in connection with that lawyer’s legal practice. Where thejudge’s spouse or other member of the judge’s family is a lawyer, the judge shouldnot share a home telephone line with that person’s legal practice since to do so couldlead to the perception that the judge is also practising law, and potentially toinadvertent ex parte communications or the appearance or suspicion of suchcommunications.94
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United NationsOffice on Drugs and C
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CONTENTSPreface… ................
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DRAFTING HISTORYI. BackgroundIn Apr
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g. The Iowa Code of Judicial Conduc
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IV. The Bangalore Draft Code of Jud
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Davide of the Supreme Court of the
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The Commission has frequently expre
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(h) Requested the UNODC to convene
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Where citations have been used, the
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WHEREAS the International Covenant
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WHEREAS the foregoing fundamental p
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esponsibility, it is essential that
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WHEREAS it is essential that judges
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WHEREAS the primary responsibility
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5. Everyone shall have the right to
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THE FOLLOWING PRINCIPLES are intend
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Value 1INDEPENDENCEPrinciple:Judici
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Conditions for judicial independenc
Page 44 and 45: A judge must act irrespective of po
Page 46 and 47: finding, an important part of a jud
Page 48 and 49: 1.3 A judge shall not only be free
Page 50 and 51: or her. No such gatherings should b
Page 52 and 53: that very remote instance the judge
Page 54 and 55: 1.6 A judge shall exhibit and promo
Page 56 and 57: (d)(e)(f)(g)(h)(i)(j)(k)(l)(m)(n)(o
Page 58 and 59: Value 2IMPARTIALITYPrinciple:Impart
Page 60 and 61: Application:2.1 A judge shall perfo
Page 62 and 63: 2.2 A judge shall ensure that his o
Page 64 and 65: 2.3 A judge shall, so far as is rea
Page 66 and 67: 2.4 A judge shall not knowingly, wh
Page 68 and 69: (b) The second aspect relates to a
Page 70 and 71: informed, will remove the objection
Page 72 and 73: countenances the possibility that j
Page 74 and 75: Other things being equal, the more
Page 76 and 77: 2.5.2 the judge previously served a
Page 78: Provided that disqualification of a
Page 81 and 82: Application3.1 A judge shall ensure
Page 83 and 84: It has been argued that the use of
Page 86 and 87: Value 4PROPRIETYPrinciple:Propriety
Page 88 and 89: 4.2. As a subject of constant publi
Page 90 and 91: 4.3 A judge shall, in his or her pe
Page 92 and 93: Special care should be taken where
Page 96 and 97: 4.6 A judge, like any other citizen
Page 98 and 99: such judicial commentary should be
Page 100 and 101: 4.8 A judge shall not allow the jud
Page 102 and 103: performance of their lawful duties
Page 104 and 105: Former judges153. Depending on loca
Page 106 and 107: 4.11 Subject to the proper performa
Page 108 and 109: 4.11.3 serve as a member of an offi
Page 110 and 111: ii. Does it essentially involve an
Page 112 and 113: 4.11.4 engage in other activities i
Page 114 and 115: should not give legal advice. This
Page 116 and 117: Protecting the judge’s own intere
Page 118 and 119: 4.14 A judge and members of the jud
Page 120 and 121: 4.16 Subject to law and to any lega
Page 122 and 123: Value 5EQUALITYPrinciple:Ensuring e
Page 124 and 125: Application5.1 A judge shall be awa
Page 126 and 127: 5.3 A judge shall carry out judicia
Page 128 and 129: 5.5 A judge shall require lawyers i
Page 130 and 131: Value 6COMPETENCE AND DILIGENCEPrin
Page 132 and 133: Application6.1 The judicial duties
Page 134 and 135: judgment, the expedition of cases,
Page 136 and 137: The quality of judgment and demeano
Page 138 and 139: 6.4 A judge shall keep himself or h
Page 140 and 141: about decisions that appear to them
Page 142 and 143: impossible, to suggest a uniform st
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IMPLEMENTATIONBy reason of the natu
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DEFINITIONSIn this statement of pri
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AnnexCULTURAL AND RELIGIOUS TRADITI
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When a judge does not inquire into
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. . . deal impartially with the sui
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Jewish LawThe following is an extra
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Sanity: A person whose judgment is
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9. A judge must be prompt in delive
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8. He must not permit a litigant to
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SELECT BIBLIOGRAPHYBooks and Monogr
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Delaware Judicial Ethics Advisory C
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INDEX 80accused personrights, 49app
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prompt disposal of matters, 207rese
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apprehension of bias, 56abuse of co
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family members, activities of, 69fo
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personal knowledge of disputed fact
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sentencing, rights relating to, 50s
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