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Friday, April 13, 2012

Judicial Ethics, Canon 4: Propriety

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

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