Judicial Ethics (From Morality and the Law, P 79-90, 2001, Roslyn Muraskin and Matthew Muraskin, eds. -- See NCJ-193090)

• NCJ Number: 193096
• Author(s): Victor M. Ort; Charles R. Goldburg
• Date Published: 2001
• Length: 12 pages
• Sale Source: Prentice Hall Publishing
• Publication Format: Book (Softbound)
• Publication Type: Issue Overview
• Language: English
• Country: United States of America

Annotation

This chapter addresses judicial ethics from the perspectives of both positive rules that are imposed on a judge by governmental authority and a judge's own view of judicial philosophy and how it impacts the judicial decision making process.

Abstract

The positive rules discussed are those applicable primarily to State judges in New York, Part 100 of the rules of the Chief Administrator of the Courts Governing Judicial Conduct (RCA); however, these rules are representative of those in force throughout the country. The RCA are intended to provide guidance to judges in establishing and maintaining high standards of judicial and personal conduct. Although the RCA are not intended to impinge on the independence of judges in making judicial decisions, they have the effect of providing a set of ethical rules that not only bear upon the judicial process generally, but also influence the administration of justice in individual cases. First among these rules is the precept that a judge shall uphold the integrity and independence of the judiciary. The conduct of a judge in his/her personal affairs is considered to be highly relevant in evaluating the integrity of the judge in the performance of his/her judicial office. A judge must not lend the prestige of judicial office to advance the private interests of the judge or others; and a judge should not hold membership in any organization that discriminates on the basis of race, religion, gender, or national origin. Further, regarding the performance of the duties of judicial office, judges must act impartially and diligently. Cases must be decided upon the law and the facts, rather than upon the judge's personal preferences and subjective views or under the influence of public pressure or fear of criticism. Judges must keep order and maintain proper decorum in their courtrooms at all times. They are required to ensure the right of persons representing both sides of a case to be heard. All matters must be processed promptly and efficiently. Judges are not allowed to commend or criticize individual jurors, and they must refrain from inappropriate political activity. 35 notes