Which of the following options is not considered a form of judicial misconduct? a. Modifying a sentence outside of the sentencing guidelines b. An independent and honorable judiciary is indispensable for justice in our society. A judge must maintain and enforce high standards of conduct and must personally observe those standards, so that the integrity and independence of the judiciary can be preserved.
The provisions of this Code must be interpreted and applied to promote that objective. The judge must respect and comply with the law and must act at all times in a manner that promotes public trust in the integrity and impartiality of the judiciary. A judge must not allow family, social, political, financial, or other relationships to influence judicial conduct or judgment. A judge must not lend the prestige of his judicial office to promote the private interests of the judge or others, nor should he convey or allow others to give the impression that they are in a special position to influence the judge. A judge should not voluntarily testify as a character witness.
A judge must not be a member of any organization that practices odious discrimination on the basis of race, sex, religion or national origin. Testimony as a character witness injects the prestige of the judicial office into the process in which the judge testifies and can be perceived as official testimony. The judge must dissuade one of the parties from requiring the judge to testify as a character witness, except in exceptional circumstances when required by justice. This canon does not create the privilege of testifying in response to an official subpoena.
A judge must prevent the prestige of a judicial office from serving to promote the private interests of the judge or others. For example, a judge should not use his position or judicial title to gain advantages in litigation involving a friend or a member of the judge's family. In contracts for the publication of a judge's writings, the judge must maintain control over advertising to avoid taking advantage of the judge's office. A judge must be sensitive to the potential abuse of the office's prestige. A judge should not initiate communication with the sentencing judge or with a probation or correctional officer, but may provide information to those individuals in response to a formal request.
Judges can participate in the judicial selection process by cooperating with appointing authorities and selection committees, requesting names for examination and answering official questions about a person being considered for the position of judge. A judge must be faithful to the law and maintain his professional competence in this regard, and must not be carried away by partisan interests, public outcry or fear of criticism. A judge must hear and decide on assigned issues, unless disqualified, and must maintain order and decorum in all court proceedings. The judge must be patient, dignified, respectful, and courteous to litigants, juries, witnesses, attorneys, and others with whom he deals in an official capacity.
The judge must demand similar conduct from those under his control, including lawyers, to the extent that it is compatible with their role in the adversarial process. The judge must promptly resolve court matters. A judge should not make public comments on the merits of a matter pending or imminent in any court. A judge must demand similar restraint from judicial personnel, subject to the direction and control of the judge.
The prohibition of making public comments on the merits does not extend to public statements made in the performance of the judge's official duties, to explanations of judicial proceedings, or to academic presentations made for the purpose of legal education. The judge must diligently fulfill his administrative responsibilities, maintain his professional competence in the judicial administration and facilitate the performance of the administrative responsibilities of other judges and judicial personnel. A judge should not order judicial personnel to carry out conduct on behalf of the judge or as the judge's representative when that conduct violates the Code if carried out by the judge. The judge must exercise the power to appoint fairly and solely on the basis of merit, avoiding unnecessary appointments, nepotism and favouritism.
A judge should not approve compensation to designated individuals that exceeds the fair value of the services provided. A judge must act civilized, patient, dignified, respectful and courteous in his relations with judicial personnel, including room staff. A judge must not engage in any form of harassment against judicial personnel. A judge should not retaliate against those who report misconduct.
A judge must compel judicial personnel under the direction of the judge to comply with similar rules. The judge must take appropriate action when receiving reliable information that indicates the likelihood that a judge's conduct contravenes this Code, that the conduct of a judicial employee violates the Code of Conduct for Judicial Employees, or that an attorney has violated applicable rules of professional conduct. The judge must keep informed about the judge's personal and fiduciary financial interests and make a reasonable effort to stay informed about the personal financial interests of the judge's spouse and minor children who reside in the judge's home. The restriction on ex parte communications in connection with a proceeding includes communications from lawyers, law professors, and others who are not involved in the proceeding.
A judge may consult with other judges or with judicial personnel whose role is to assist the judge in carrying out his decision-making functions. The judge must make every reasonable effort to ensure that legal secretaries and other judicial personnel comply with this provision. By resolving matters quickly, efficiently and fairly, the judge must demonstrate due respect for the parties' rights to be heard and to have issues resolved without unnecessary costs or delays. The judge must oversee and oversee cases to reduce or eliminate delaying practices, avoidable delays, and unnecessary costs.
A judge must not participate in or tolerate behavior in the workplace that is reasonably interpreted as harassment, abusive behavior, or retaliation for reporting such conduct. The duty to refrain from retaliating includes retaliation against former and current judicial personnel. Appropriate measures may include direct communication with the judge or attorney, other direct action, if available, reporting the conduct to appropriate authorities, or, when the judge believes that the conduct of a judge or lawyer is due to drugs, alcohol, or a medical condition, making a confidential referral to an assistance program. Appropriate measures may also include responding to a subpoena to testify or cooperate or participate in judicial or legal disciplinary proceedings; the judge must be sincere and honest with the disciplinary authorities. A judge can engage in extrajudicial activities, including law-related activities and civic, charitable, educational, religious, social, financial, fiduciary, and governmental activities, and can speak, write, lecture, and teach on law-related and non-legal topics.
However, a judge must not engage in extrajudicial activities that detract from the dignity of his office, interfere with the performance of his official duties, negatively affect the judge's impartiality, result in frequent disqualifications, or violate the following limitations. A judge should not act as an arbitrator or mediator or perform judicial functions other than the official functions of the judge, unless explicitly authorized by law. A judge should not practice law or act as an attorney for a family member in any forum. However, a judge can act pro se and can, without compensation, legally advise a member of the judge's family and draft or review documents on behalf of the judge. A judge should not perform his functions if the organization is likely to initiate proceedings that would normally be initiated before the judge or that they will regularly bring contradictory proceedings before any court.
A judge should not advise such an organization on investment matters, but he can serve on its board of directors or trustees, even if he is responsible for approving investment decisions. A judge can help law-related, civic, charitable, educational, religious, or social nonprofit organizations plan fundraising activities and may be listed as an officer, director, or trustee. A judge can request funding for such an organization from judges over whom the judge does not exercise supervisory or appellate authority and from members of the judge's family. Otherwise, a judge must not personally participate in fundraising activities, request funds for any organization, or use or allow the use of the prestige of a judicial office to that end.
A judge should not personally participate in the membership request if the request can reasonably be perceived as coercive or if it is essentially a fund-raising mechanism. The judge must comply with the restrictions on the acceptance of gifts and the prohibition of requesting gifts set out in the Donation Regulations of the Judicial Conference. The judge must strive to prevent any member of the judge's family who resides in the home from requesting or accepting a gift, except to the extent that the Judicial Conference Regulations on Gifts allow a judge to do so. “Member of the judge's family” means any relative of a judge by consanguinity, adoption or marriage, or anyone treated by a judge as a member of the judge's family.
A judge must not disclose or use non-public information acquired in a judicial capacity for any purpose that is not related to the judge's official functions. A judge can accept the appointment to a committee, commission, or other government office only if it is a position related to the law, the legal system, or the administration of justice, or if federal law requires the appointment of a judge. In any case, a judge should not accept such an appointment if the judge's governmental functions would tend to undermine public confidence in the integrity, impartiality, or independence of the judiciary. A judge may represent the judge's country, state, or location on ceremonial occasions or in connection with historical, educational, and cultural activities.
A judge must not substantially use judicial cameras, resources, or personnel to engage in extrajudicial activities permitted by this Canon. The judge must make the required financial statements, including disclosures of gifts and other things of value, in accordance with applicable statutes and regulations and directives of the Judicial Conference. A judge's obligation under this Code and the judge's obligation as a trustee may conflict. For example, a judge should resign from his position as trustee if the transfer of shares whose retention would entail the frequent disqualification of the judge, in violation of Canon 4D (.
A judge must resign from judicial office if he is running for office in a primary or general election. Enable JS and turn off any ad blockers. Any person, group or organization that has knowledge of potential judicial misconduct can file a complaint. The Commission does not accept anonymous complaints. You must identify yourself in the complaint.
Original complaint forms must be mailed to the address listed on the form. Complaints sent by fax or email will not be accepted. The complaint form must be legibly typed or hand-printed in blue or black ink only. In addition to this booklet, you should also review the Code of Judicial Conduct and the entire complaint form before attempting to fill it out.
You must complete Part IV of the complaint form, which requires you to indicate the specific facts and circumstances that, in your opinion, constitute judicial misconduct. JIC will not review any document or other item included in the complaint unless you complete Part IV. The term “see the annex” is not enough. You must indicate in chronological order the facts that support your allegations.
You can send such items, but you are not required to do so. Do not send the entire case file. The JIC will only examine the documents that actually support its allegations. Attached files should be kept to a minimum and only to those items that really help your claims.
These documents cannot be returned to you. You should keep a copy of the finished complaint form and the attached files for your record. You must use any remedy available to you in the judicial system to correct any judicial error that you believe has been committed in your case, and you must do so within the time limit prescribed by law. A complaint of judicial misconduct is no substitute for recusal procedures, and you should seek advice from your lawyer about the procedure to attempt to remove a judge from your case. In general, the Commission does not consider a complaint while the matter is pending before the Court.
The prompt resolution of court matters requires that the judge devote sufficient time to his judicial functions, to be on time to appear before the court and to resolve issues that have been brought before him promptly, and that he take reasonable steps to ensure that judicial personnel, litigants and their attorneys cooperate with the judge to that end. The Code of Conduct for U.S. Judges includes the ethical canons that apply to federal judges and provides guidance on the performance of their official duties and their participation in a variety of outside activities. A person other than the spouse with whom the judge maintains a family and intimate relationship must be considered a member of the judge's family for the purposes of legal assistance under Canon 4A (, fundraising under Canon 4C and family business activities under Canon 4D (). The use of the name, position in the organization, and judicial designation of a judge on an organization's letterhead, even when used to raise funds or solicit members, does not violate Canon 4C if comparable information and designations are included for other individuals.
Sachar currently serves as executive director of the Arkansas Judicial Discipline and Disability Commission (United States) and as a member of the advisory board of the National Center for State Courts. Recusation, also called judicial recusation, is a request addressed to a judge presiding over a case to leave that case in order to be able to choose a new one judge. Any fine or sentence imposed by a judge in a traffic or criminal matter, if it is within the parameters established by law for the crime charged, is not usually the subject of consideration by the Commission. The complainant will be informed in writing of the Commission's decision on the request for reconsideration.
The judge who receives such reliable information will respect the request for confidentiality, but will nonetheless disclose the information to the chief district judge or chief circuit judge, who will also treat the information as confidential. However, cases in which people are imprisoned without due process guarantees, when judges invent improper remedies to resolve cases, or when the rule of law is violated can become cases of judicial misconduct. A judge has the same rights as an ordinary citizen with respect to financial matters, except for the limitations necessary to ensure the proper performance of his duties. Except as provided below, a judge must not initiate, allow or consider ex parte communications or consider other communications relating to a pending or imminent matter that arise without the presence of the parties or their attorneys.
