A. Maintaining Independency & Impartiality of Judiciary

Question 1

When must Judge avoid ‘appearance of impropriety’?*

Answer 1

At ALL times!!!

Judge’s conduct would create reasonable perception that he has violated CJC (Code of Judicial Conduct)!!!

Judge acted in manner reflecting adversely on his honesty/impartiality/temperament/fitness as judge!!!

Question 2

Which takes precedence between Judicial duties and Judge’s other activities?

Answer 2

Judicial duties

Question 3

What must Judge NOT be influenced by in his conduct/judgment?

Answer 3

Family/Social/Political/Financial interests

Question 4

What must Judge allow persons with legal interests in proceedings to do?

Answer 4

Right to be heard (according to the law)

Encourage settlements (NOT coerce settlements)

Question 5

On what basis must Judge avoid bias/prejudice/harassment?*

Answer 5

Race
Sex
Gender
Religion
National origin
Disability
Age
Marital status
Socioeconomic status
Political affiliation

Question 6

When may Judge use judicial letterheads?*

Answer 6

NOT for personal business!!!

For writing letter of recommendation based on personal knowledge!!!

1) Must indicate ‘personal’
2) Letter must NOT be reasonably perceived as attempt to use judicial office to exert pressure

Question 7

How must Judge be fair and impartial?*

Answer 7

NO external influences!!!

• NOT independently investigate case
• NOT consult w/ other judges to receive facts
• Consult w/ Disinterested Expert if parties receive (1) Advance notice re Expert’s identity; (2) Notice of Advice from Expert; (3) Reasonable opportunity to object and respond to Advice!!!
• NOT make public statements in pending litigations that might interfere with fairness (UNLESS making statements as official duties/explaining court procedures)!!!

Question 8

May Judge communicate with Jurors?*

Answer 8

NO!!!

- NOT commend/criticise Jurors for their verdict (EXCEPT in court order/opinion)!!!

Question 9

How must Judge perform duties?*

Answer 9

Competently!!!

• Legal knowledge/Skill/Thoroughness/Preparation
• Reasonably necessary to perform Judge’s responsibilities

Diligently!!!

• Devote adequate time to duties
• Expedite litigation!!!
• Reasonably ensure court officials/litigants/attorneys co-operate!!!