Pg 27 Flashcards
What is CJC 2.4 about external influences?
A judge shall not be swayed by public clamour or fear of criticism and cannot allow his family, social, political, financial, or other interests or relationships to influence his judicial conduct
A judge must decide cases according to the law and the facts, with no regard to what?
Whether the decision is popular with the public, media, government, friends, or family
What is CJC 2.5 regarding competence, diligence, and cooperation?
Judge must do his duties competently and diligently and must cooperate with other judges and court officials to do court business
What is judicial competence?
Legal knowledge, skill, thoroughness, and preparation reasonably necessary to do the responsibilities of judicial office
It is required that a judge devote adequate time to his judicial duties, and this includes what?
- being punctual in attending court
- taking reasonable measures to ensure court officials/litigants/other attorneys cooperate with him
What is involved in CJC 2.6 ensuring the right to be heard?
A judge must give everyone with a legal interest in a proceeding the right to be heard (including their attorneys).
A judge can encourage parties and their attorneys to settle, but he can’t do what?
Coerce them
What is involved in CJC 2.7 responsibility to decide?
A judge must hear and decide matters assigned to him except when disqualification is required
Is it OK for a judge to disqualify himself in order to avoid cases that are difficult, unpopular, or controversial?
No
What is involved in CJC 2.8 regarding decorum, demeanor, and communication with jurors?
- a judge must require order and decorum in court proceedings
- be patient, dignified, and courteous to all that he deals with in his official capacity
- must require similar conduct of anyone subject to his direction and control
Is it proper for a judge to commend or criticize jurors for their verdict outside of a court order or opinion in the proceeding?
No
What is CJC 2.9 regarding ex parte communications?
A judge cannot initiate, allow, or consider ex parte communications made to him outside of the presence of the parties/attorneys about a pending or impending matter with five exceptions
What are the five exceptions to the CJC rule regarding ex parte communications?
Ex parte communications are allowed win:
– necessary for scheduling, admin, or emergency purposes they don’t address substantive matters if the judge reasonably believes neither party will have an advantage from it and promptly notifies all other parties of the substance of the communications and gives the parties an opportunity to respond
– a judge can get the written advice of a disinterested expert on applicable law to a proceeding if he gives advance notice to the parties and a reasonable opportunity to object and respond to the notice
– the judge can consult with court staff, other judges, and officials to aid him in his duties as long as he makes reasonable efforts to avoid learning factual information that isn’t part of the record and he must still personally decide the matter
– the judge can confer separately with the parties and their attorneys to try to settle matters (with the consent of all parties)
– OK if allowed by law
Is it proper for a judge to independently investigate facts?
No, he can only consider evidence presented and the facts before him
What is involved in CJC 2.10 regarding judicial statements on pending and impending cases?
A judge cannot make any public statement that might reasonably affect the outcome or impair the fairness of a matter that is before him or in any court.
