udicial Ethics, Canon 4: Propriety

Friday, April 13, 2012

in Ethics, Judiciary, Law

Share|
Impropriety, as well as its appearances, must be avoided by the judge at all
times since judges are considered subjects of public scrutiny. They are
consequently required to freely and willingly accept restrictions that the
ordinary person would consider a burden (sec. 1-2.)
In their personal relations with other law practitioners, judges have to avoid
situations that make them exhibit favoritism or partiality. Consequently, they
can't let let other lawyers (or their clients) make use of their homes or to
receive other lawyers. (sec. 3, 5.)
They can't take part in a case where any family member of theirs is a lawyer of
a party or is associated in any way to the case. They can't use or lend the
prestige of their office for their own private interests as well as those of their
families or of anyone else. Also, they can't allow other people to convey an
impression that someone is in a position to influence them improperly in the
performance of their duties. They must be informed of their personal fiduciary
financial interests as well as those of their family's. Furthermore, judges, their
families and staff can't accept gifts, loans, bequests in relation to done in
connection with their duties. A judge may, however, accept gifts or tokens, etc.
if they aren't perceived to be a threat to the judge's impartiality and
independence (sec. 4, 7-8, 13-15.)
They are entitled to freedom of speech, belief, assembly, etc. but have to
conduct themselves in a manner that preserves the dignity and impartiality of
the judicial office. Thus, they can form or join associations of judges or
participate in organizations representing the interests of judges. (sec. 6, 12.)
Confidential information acquired by a judge in his official capacity can't be used
for any other purpose related to their official duties. They're also not allowed to
practice law privately while still in office (sec. 9, 11.)
The following (sec. 10) are acceptable to the conduct of a judge:
1.) Teach law or lecture on related matters
2.) Appear at public hearings before official bodies with regard to matters of
law, the administration of justice or related matters
3.) Engage in other activities so long as they don't interfere with the judge's
duties and mar the dignity of his office

Judicial Ethics, Canon 5: Equality

Wednesday, April 25, 2012

in Ethics, Judiciary, Law

Share|
Canon 5 declares that all are equal before the courts as far as treatment is
concerned. Judges consequently are required to make themselves aware of the
different facets of society. Race, religion, marital status, sexual orientation and
so on shall be taken into consideration. Consequently, a judge can't say or do
anything that shows bias to any person or group on irrelevant grounds while in
the performance of his official duties. A judge will therefore discharge his duties
while giving appropriate consideration to allpeople he encounters when doing
his job (sec. 1-3.)
Court staff and other persons under the judge's influence and control are
prohibited from differentiating between parties to a suit on any irrelevant
ground. Lawyers are likewise prohibited by word or deed to show bias on
irrelevant grounds in court proceedings; relevant grounds, therefore are the
exception. The judge is charged with enforcing such conduct in court (sec. 4-5.)
So now we come to the last of the 6 Canons of Judicial Conduct, the one that
talks of competence and diligence.
A judge's duties are to be considered superior to all his other activities. This
doesn't only include the actual duties in court, but the those related to the
court's operations as well. All their duties, including delivery of reserved
decisions must be performed effectively, fairly and with reasonable promptness
and cannot engage in conduct that is incompatible with the diligent discharge of
their duties (sec. 1-2, 5 & 7.)
A judge is required to maintain and enhance his knowledge of the law and must
take advantage of the training opportunities made available to him. In
particular, he is required to make himself aware of international law with an
emphasis on changes in the trends in human rights (sec. 3-4.)
Proper decorum and order must be maintained by the judge in all proceedings
in court. He must be courteous, patient, dignified and attentive to the
witnesses, parties, lawyers, his staff and all others he deals with in an official
capacity. Furthermore, he is required to demand similar conduct of said people
towards those under their influence and control (sec. 6.)
http://philcritic.blogspot.com/search/label/Ethics

"..a judge's official conduct and his behavior in the performance of judicial
duties should be free from the appearance of impropriety and must be
beyond reproach. One who occupies an exalted position in the
administration of justice must pay a high price for the honor bestowed

upon him, for his private as well as his official conduct must at all times be
free from the appearance of impropriety. Because appearance is as
important as reality in the performance of judicial functions, like Caesar's
wife, a judge must not only be pure but also beyond suspicion.xxx"
-Joaquin vs. Javellana [A.M. No. RTJ-00-1601. November 13, 2001]

Quiz: Antonin Scalia or Minions

Meme?
Alex Pareene
6/25/15 7:39pm

Antonin Scalia is an Associate Justice of the Supreme Court. Minions are cartoon
characters from a series of popular family films. Dissents authored by Antonin Scalia are

laced with quips, one-liners, and barbs designed to bestripped from their greater context
and shared, by his ideological fellows and foes alike. Minion memes are images of
Minions stripped from their original context, with humorous text added. Can you tell
them apart?

Justice Antonin Scalia

was loved and hated by
many (meme gallery)
By DeWayne Rogers | February 14, 2016 4:44 PM EST | 1

With the sudden passing of Supreme Court Justice Antonin Scalia, the political world
now braces itself for a knockdown, drag-out fight over his successor during this tense
election year. But before we wade into the partisan muck to see if President Obama
even has a legitimate shot at pushing through a nomination before his term ends, it
would only be right to take a look back at the true legacy of Justice Scalia. For better or
worse, Scalia was easily one of the most consequential judges to ever sit on the high
court. And with his passionate (and often times lengthy) arguments, Scalia was able
to steer his fellow justices to adopt a more literal interpretation of the Constitution.

That literal view of a document made hundreds of years ago, in an America much
different than the one we live in today, caused many a feather to be rankled by Scalias
antiquated reasoning. This disdain for Scalias worldview even found itself a home in the
social media world, where Scalia themed memes constantly made their rounds. Here
are a few of our favorites, which provides a view of some on Scalias tenure as a sitting
Supreme Court justice.