Principles and Techniques of Communicating with Judges

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Presentation transcript:

Principles and Techniques of Communicating with Judges J. Reiko Callner, Esq. Executive Director, Washington State Judicial Conduct Commission Member Emeritus, Association of Judicial Disciplinary Counsel Sunday, October 21, 2018. 10:00 Session

Code of Judicial Conduct Canon 1: A JUDGE SHALL UPHOLD AND PROMOTE THE INDEPENDENCE, INTEGRITY, AND IMPARTIALITY OF THE JUDICIARY, AND SHALL AVOID IMPROPRIETY AND THE APPEARANCE OF IMPROPRIETY. Canon 2: A JUDGE SHOULD PERFORM THE DUTIES OF JUDICIAL OFFICE IMPARTIALLY, COMPETENTLY, AND DILIGENTLY. Canon 3: A JUDGE SHALL CONDUCT THE JUDGE’S PERSONAL AND EXTRAJUDICIAL ACTIVITIES TO MINIMIZE THE RISK OF CONFLICT WITH THE OBLIGATIONS OF JUDICIAL OFFICE. A consistent and easily understood Code is the basis of good judicial ethics enforcement. Written and accessible rules of procedure that ensure due process, confidentiality, and transparency in substantiated cases. Outreach, training, and ethics advisory opinions.The current Code is composed of four overarching Canons, that are then broken down to enforceable Rules. Canon 1 Compliance with the Law RULE 1.2 Promoting Confidence in the Judiciary RULE 1.3 Avoiding Abuse of the Prestige of Judicial Office Canon 2. Express rules governing the duties of judicial office: Canon 4: 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.

A complaint can be received by any means, though we request people not send email complaints because the confidentiality of emails is questionable. We have complaint forms to guide people in providing pertinent information, which can be mailed or downloaded from our web site, but we also can take complaints over the telephone, particularly in situations where we need to do so to guarantee access. All complaints are, following the mandate of the constitution, investigated and analyzed independently by the Commission. In this way, the Commission takes care to obtain its own, independent evidence, and to consider the merits of the allegations separate from any motivation the complainant may have. Both the original materials submitted by the complainants and the information derived by the investigators are circulated to the members for consideration. The investigators provide analysis and recommendations to the members, but the members make all decisions in the cases at their bimonthly executive session meetings, at which time all members share their views, questions, and concerns with each other on the cases ready for discussion.