CODE OF CONDUCT OF A JUDGE
Created based on a proposed code of conduct of a judge developed in Bangalore in 2001 and adopted by a group of judicial experts striving for the enhancement of ethics in judiciary and reviewed by a session of high judicial bodies held in the Hague in 2002.
Preamble
W H E R E A S :
- the importance of the principle of right to due process embodied in international documents related to human rights, constitutional and legal regulations, legal customs, conventions on execution of justice and judicial practice,
- the importance of a professionally competent, independent and impartial judicial body for the protection of human rights, compliance with the Constitution and state that respects the rule of law,
- the importance of proper execution of justice for the implementation of all other rights,
- the importance of trust of the public in the judicial system and its moral authority and independence within a modern democratic society,
- the necessity of judges as individuals and as the judiciary to understand and honour the judicial office as a vote of public confidence and to strive for preservation and strengthening of trust in the judiciary system,
THE FOLLOWING PRINCIPLES arose with the aim to set standards of ethical conduct of judges. These standards are to serve as a guide for judges and to provide the judiciary with a framework for the purposes of modification of judges conduct. The standards are a tool for members of executive and legislative bodies, other juridical professions and the general public to understand the judiciary better and to support it. The standards are based on an assumption that the judges account for their conduct to respective and impartial bodies, which do not replace, but complement, the existing system.
I. Independence
Judicial independence represents a pillar of a state that respects the rule of law and a guarantee of a right to due process. A judge is obliged to defend judicial independence in personal and professional live.I.1. A judge discharges his/her function independently, based on his/her own assessment of facts and a conscientious interpretation and application of law. He/she does not give way to any influences, interests, interventions, pressures or threats.
I.2. A judge fulfils judicial duties and the demands on judicial conduct by working towards strengthening the trust of the public in the judiciary, which is a prerequisite of his/her independence.
II. Impartiality
Impartiality is a prerequisite and sign of the proper function of a judge.II.1. A judge executes his/her function impartially, without bias and prejudice at all times.
II.2. The bearing of a judge in the execution of his/her private life should never endangers trust of specialists the public, or parties to proceedings in his/her impartiality. He/she avoids any conduct that might result in his/her exclusion from the proceedings.
II.3. A judge shall refrain from any manifestations that might influence the results of the proceedings or raise doubts of the public about the impartiality of the proceedings regarding cases he/she hears, or regarding other cases. A judge is open towards the representatives of news media, while satisfying the requirement of independence and impartiality of judiciary.
III. Integrity
Integrity is a prerequisite of the proper execution of duty of judges and establishes public trust in the judiciary.III.1. The bearing of a judge never denigrates the respectability of judiciary. A judge shall refrain from conduct that might endanger his/her integrity or the respectability of the judiciary in his/her, as well as in his/her personal life and he/she submits to limitations resulting from the above.
III.2. It is not only the administration of justice that is important, but a judge also needs to ensure that his/her integrity and trustworthiness contribute to public perception that his/her rulings are just.
III.3. A judge is entitled to found and be a member of organisations of judges or represent their interests.
III.4. A judge does not accept any presents, advantages or other payment in the execution of his/her function, that could leave the impression that it has been offered in relation to the execution of his/her office and will not allow any subordinate, member of his/her family or household member to accept any such presents, advantages or other payment or fulfilment.
III.5 A judge shall manage his/her property and property of his/her family in a responsible manner and he/she will enter only into such obligations the fulfilment of which will not be to the detriment of the due execution of a judge; a judge is obliged to settle his/her money matters in such way that they cannot be used to influence the judge, members of his/her family or members of his/her household. A judge strives for his/her dependents and household members to conduct themselves in that same manner.
IV. Dignity
Dignified conduct of a judge at execution of office and in private live goes without saying.IV.1. A judge shall avoid improper conduct, manifestations and everything that might raise such impression at execution of his/her office.
IV.2. A judge always adheres to dignity and order on judicial proceedings. Her/she is always respectful, correct and patient to parties to proceedings, their attorneys and other persons. A judge requires the same conduct from parties to proceedings, attorneys, judicial persons and all persons subordinated to a judge.
IV.3. Respectful and correct conduct is characteristic of a judge outside hearing before court and when treating court employees in particular.
IV.4. A judge is accommodating and polite towards representatives of news media. Should a judge consider a personal communication improper, he/she will refer representatives of news media to a respective press officer.
V. Equality
Providing for equality before court is a prerequisite of a due execution of a function of a judge.V.1. A judge shall avoid any display of discrimination at execution of his/her office. A judge treats equally every one, be it parties to proceedings, witnesses, representatives of other legal professions, parties concerned and other judges.
V.2. A judge shall prevent employees of the court and other persons subordinated to him/her from open or hidden discrimination of involved persons and shall not allow parties and attorneys of persons involved to act in a discriminatory way.
VI. Expertise
Professional competence and meticulousness are prerequisites of due execution of an office of a judge.VI.1. A judge prefers his/her duties of a judge to all other professional activities. A judge also devotes to other tasks as may be important for execution of a function of a judge and function of a court.
VI.2. A judge systematically improves his/her expertise, takes advantage of special trainings and further education offered within and outside judiciary and monitors development of international law.
VI.3. A judge does not neglect improvement and development of further knowledge, experience and personal qualities important for due execution of his/her duties of a judge and his/her public activity as a prominent personality.
VI.4. A judge executes all of his/her duties to the best of his/her belief.
The document was approved by the Assembly of representatives of sections of the Czech Union of Judges.
Brno, November 26, 2005.