JUDICIAL ETHICS by Dame Linda Dobbs Not to be copied without permission of author © March 2014

 “I, _________ , do swear by Almighty God that I will well and truly serve our Sovereign Lady Queen Elizabeth the Second in the office of high court judge, and I will do right to all manner of people after the laws and usages of this realm, without fear or favour, affection or ill will. So help me God.”

“A judge must free himself of prejudice and partiality and so conduct himself, in court and out of it, as to give no ground for doubting his ability and willingness to decide cases coming before him solely on their legal and factual merits as they appear to him in the exercise of an objective, independent and impartial judgment.” Lord Bingham

Personal rules of conduct in court: “That in the execution of justice, I carefully lay aside my own passions, and not give way to them however provoked.   That I be wholly intent upon the business I am about, remitting all other cares and thoughts as unseasonable and interruptions. That I suffer not myself to be prepossessed with any judgment at all, till the whole business and both parties be heard. That I never engage myself in the beginning of any cause, but reserve myself unprejudiced till the whole be heard.’” Lord Chief Justice Hale, 1660

Bangalore Principles Independence Impartiality Integrity Propriety Equality Competence and Diligence.

Canadian Ethical Principles for Judges The principles are there by way of guidance; they do not amount to a code or list of prohibited behaviours, nor do they set out standards defining judicial misconduct.

The ABA Model Code of Judicial Conduct A judge shall uphold and promote the independence, integrity, and impartiality of the judiciary and shall avoid impropriety and the appearance of impropriety. A judge shall perform the duties of judicial office impartially, competently, and diligently. A judge shall conduct the judge’s personal and extrajudicial activities to minimise the risk of conflict with the obligations of judicial office. A judge or candidate for judicial office shall not engage in political or campaign activity that is inconsistent with the independence, integrity, or impartiality of the judiciary. February 2007

The English Guide to Judicial Conduct Independence Integrity Competence and diligence Activities outside court & retirement Impartiality Propriety Personal relationships and perceived bias

East Caribbean Court of Justice Code of Ethics Integrity and Independence Propriety Impartiality and Diligence Extra Judicial Activities Political Activity

What is inappropriate conduct? a judge must have no pecuniary interest in the outcome of any litigation before him and should not be financially beholden to any litigant appearing before him. There should be no acceptance of gifts from litigants or potential litigants. A serving judge should not engage in any capacity in any commercial enterprise

Inappropriate conduct (contd) the judge should be, a “political eunuch” … do nothing which could give rise to any suggestion of political partisanship. A judge should not speak to the media about cases which are sub-judice The duty to be impartial

Inappropriate conduct ( contd) A judge should not court publicity or seek public acclaim or newspaper headlines. A judge should not decide a case on a point which has not been raised in argument without giving notice to the parties and allowing them the opportunity to make submissions on the point.

PERSONAL CONDUCT – CAN LEAD TO BREACH OF THE CODE OF ETHICS This can cover a whole range of behaviours, including using one’s position to gain advantage for self or others; conducing oneself in a manner incompatible with the position of judge both in and out of court, dishonest dealings, participation in political affairs, seeking to influence by virtue of one’s position etc..