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For those of you who can stomach it,
Our 'Democratic' society has essentially set up niches in which it allows 'specially qualified people,' with
purportedly earned - next to perfect morals and intentions, to
ply their trade for the 'good of the people,' - like Ministers, Imams, Priests, Surgeons, Police, and, YES - JUDGES.
What has become apparent is that a good number of these individuals may have chosen their professions with certain nefarious intentions in mind!
Like the policeman who thought he'd look good in a uniform, while carrying a gun, instead of being a killing thug. Or the haughty youth who imagined him/herself in black robes looking down at plebeians, giving them his/her cold verdict!
To shorten your read of below copy, I have inserted one of the many 'do's' I felt to be a pertinent example:
"4.03 Judges should respect and comply with the law and should conduct themselves at all times in a manner that promotes public confidence in the integrity and impartiality of the judiciary."
Since across the board, the above AIN'T HAPPENING, NOW is the time to pick up sticks, stop gathering moss, and rally to the cause! If you are interested to make Democracy what it set out to be, and do! - There is LITTLE OR NO TIME LEFT TO MAKE A STAND BY INSISTING OUR GOVERNMENTS DO SOMETHING TO RECTIFY IT!
- ENOUGH OF PHONY FOLK PLAYING THEIR GAMES, SCREWING THE PUBLIC!
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CODE
OF
JUDICIAL ETHICS *
PREFACE:
"Quis custodiet ipsos custodes?" -Juvenal
"Qui Custodiet Custodes"
The correct exercise of judicial authority
necessarily requires self-discipline. Otherwise,
authority becomes oppression. This is the
fundamental reason for which the Code is
offered.
After much work by a number of judges, the
Code was adopted by the Provincial Judges
Association of British Columbia at its Annual
General Meeting September 18, 1976, and
pursuant to the Provincial Court Act by the
Judicial Council of the Court pursuant to Section
13(e) of the Act December 3, 1976.
This Code was updated in language only in
June of 1993.
This Code of Judicial Ethics not only meets
professional needs but in a social sense goes
directly to the judge's credibility.
In attempting to define the ideal of proper
judicial conduct it serves both as a guide and a
standard.
DEFINITIONS
In this Code of Judicial Ethics, so far as the
context does not indicate differently, the following
definitions shall apply:
a) "Act" Provincial Court Act
R.S.B.C. 1979, C. 341
b) "Association" Provincial Court Judges'
Association of British Columbia
(formerly known as
Provincial Judges Association
of British Columbia)
c) "Council" Judicial Council pursuant to
Section 12 of the Provincial
Court Act
RULES OF CONDUCT
SECTION 1: PERSONAL COMPORTMENT
Rule 1.00 - Judges must be truly
independent and must avoid all
conflict of interest.
CONSIDERATIONS:
1.01 Independence of judges requires both
material and intellectual autonomy.
1.02 Judges are subject only to that authority
which emanates from the Provincial Court
Act.
1.03 Judges must always beware of a possible
conflict of interest where their financial
affairs are involved.
Rule 2.00 - Judges must devote
themselves entirely to the exercise of
their judicial function.
CONSIDERATIONS:
2.01 The rule conforms with Section 8 of the
Act.
2.02 The essence of this rule is the assurance
that the impartiality of judges is never
placed in doubt.
2.03 Upon accepting an appointment to the
bench, judges consent voluntarily to the
acceptance of certain advantages as well
as certain prohibitions.
2.04 Subject to any legislation to the contrary,
and as long as judicial functions do not
suffer, judges may without remuneration
or honorarium:
a)participate in legal activities. Without
limiting the generality of the foregoing,
judges may teach law, attend
conferences, write articles or treatises,
work on committees;
b)participate in activities related to the
community, to charities, to the arts, and
to sports, it being recognized that a
judge isolated from society is one who
cannot keep in touch with its evolution.
However, judges should not participate
in fund-raising activities.
Rule 3.00 - Judges should maintain
their competence, both through their
own work, and by participation in all
programs of general education or
upgrading.
CONSIDERATIONS:
3.01 All parties concerned have a right to
presume that judges have the general
legal knowledge and the aptitudes
required to be Provincial Court
judges.
3.02 The Chief Judge should see to the
swearing-in and orientation of any
judge appointed.
3.03 Judges should endeavour to remain up
to date on any changes in the law in
those areas where they will be called
upon to exercise their functions and to
reflect upon the spirjt and the letter of
the law which it is a judge's duty to
apply.
3.04 In the field of permanent judicial
education, judges have a duty to
cooperate with the organization
dealing with refresher courses.
Rule 4.00 - Everywhere and at all
times, judges should behave
irreproachably.
CONSIDERATIONS
Rule:
4.01 Judges should always conduct themselves
properly.
Rule: 4.02 Judges should expect to be constantly
scrutinized by the public. Consequently
they should also voluntarily impose upon
themselves certain restrictions on their
behaviour, their associations and their
public appearances.
Rule: 4.03 Judges should respect and comply with the
law and should conduct themselves at all
times in a manner that promotes public
confidence in the integrity and impartiality
of the judiciary.
SECTION 2: IN THE EXERCISE OF THE JUDICIAL
FUNCTION
Rule 5.00 - Judges should be impartial,
diligent and courageous.
CONSIDERATIONS:
5.01 Judges should not be influenced by
partisan interest, public opinion, or fear of
criticism.
5.02 Judges should not lend their prestige to the
promotion of other interests.
5.03 In all matters of which they are seized or on
which they expect to sit, judges have the
duty not to hear or receive before judgment
any representations, verbal or written, in
the absence or without knowledge of the
parties and their counsel.
Rule 6.00 - Judges must be objective.
CONSIDERATIONS:
6.01 By being aware that judges are marked like
all of the world with human nature, they
should be constantly on guard to maintain
their objectivity.
6.02 In the course of hearings judges should
refrain from making any observations
which might indicate their thinking or their
decisions.
6.03 Judges should remain above the parties,
their counsel, and the dispute itself.
Rule 7.00 - The role of judges is to
render justice within the framework of
the law.
CONSIDERATIONS:
7.01 Although the two expressions can be
viewed in the same light, a distinction is made
here between the administration of justice and
the rendering of justice.
7.02 By their oath of office judges have the duty
to apply the law.
7.03 In this era of multi-disciplinary approaches,
judges may in certain circumstances have
recourse to advice from others in order to assist
them in rendering justice.
7.04 In conjunction with the previous
considerations, judges should always be
conscious of the responsibility which is theirs
alone: that is, the final decision, the burden of
which they must carry.
Rule 8.00 - Judges should refrain from
criticizing openly or publicly the
quality of the administration of justice
or the conduct of judges, other than
through the appropriate channels.
CONSIDERATIONS:
8.01 Maintaining the status quo is no more
virtuous than change for change's sake.
With this in mind, judges' daily experiences
may place them in a position to formulate
suggestions for the improvement of judicial
institutions.
8.02 In such a case, judges may make
recommendations and representations
provided that these are done through the
intermediary of the Chief Judge (or the
Association).
Rule 9.00 - Reasons for judgment should
be given and if reserved should be
rendered within a reasonable time.
CONSIDERATIONS:
9.01 The parties before the court have every
right to know the outcome of any hearing
as soon as possible.
9.02 A party has the right to be told in clear
language the reasons behind a particular
decision.
9.03 Explicit reasons should be given for all
judgments.
SECTION 3
HEARINGS
Rule 10.00- Judges should:
a) sit at those times and in those
places to which they are
assigned by their Chief Judge
pursuant to the statutory
powers assigned to the latter,
and,
b) conduct hearings and make their
decisions with all due diligence,
and,
c) make themselves available to
assist their colleagues on those
occasions when their own work
ends prematurely.
CONSIDERATIONS:
10.01 Time is an aspect of justice, and justice
must at times move slowly. With this in
mind, this rule emphasizes speed and
efficiency.
10.02 Frequent adjournments during a particular
case may weaken the evidence and may
result in the failure to properly emphasize
certain elements in the evidence to the
detriment of the parties and of the public
interest.
10.03Justice delayed can often be justice denied
Rule 11.00- In the exercise of their
judicial functions, judges should
maintain their serenity at all times.
CONSIDERATIONS:
11.01 Judges will always be the object of
criticism since the aim of their work is to
make rulings between the opposing parties.
11.02 Judges should make every effort to be
calm, patient, and to remain above criticism
in order to guard against the loss of their
serenity.
11.03 The personal problems of judges should
never bear so heavily upon them that they
lose the serenity necessary to the proper
performance of their duties.
11.04 The atmosphere surrounding work of
judges should promote peace of mind.
11.05 Serenity implies good sense and an
evenness of attitude.
Rule 12.00- When presiding at a
hearing, the conduct of judges should
reflect the seriousness and gravity of
judicial proceedings.
CONSIDERATIONS:
12.01 Judges on the bench should maintain an
impassive attitude.
12.02 When it is necessary to remand a matter to
another date, judges should explain succinctly to
those present the reasons for such an
adjournment.
12.03 Complaints regarding the conduct of
hearings should not be voiced by judges from
the bench or in any other public forum, but
rather should be discussed with the Chief Judge
or the Association
Rule 13.00- In the light of their duty to
maintain order and decorum during
hearings, judges should display firmness
with courtesy, and at all times be
patient, deliberate and dignified.
CONSIDERATIONS:
13.0l Within the bounds of decency, the law, and
the rules of practice, judges should always
allow counsel to fulfill their obligations
with all due vigour and persistence.
13.02 Should counsel lose control, fall into the
use of invective, or generally conduct
themselves casually or with arrogance,
judges should avoid meeting them on this
level, and should instead work to return the
hearing to that level of good sense and
decorum necessary to the sound
administration of justice.
13.03 Judges should always remind those
appearing before them that they have a duty
to observe the rules of basic good manners.
Rule 14.00- Judges should treat all
those appearing before them with
deference and respect.
CONSIDERATIONS:
14.01 Many witnesses must make certain
sacrifices to appear in court and may find this
task a very difficult one; judges should
therefore be patient and refrain from directing
any comment which might be interpreted by
such persons to be derogatory.
14.02 Many witnesses are appearing in court
for the first time and are unaware of the basic
rules of court. It therefore falls to the judge
to briefly instruct witnesses as to what is
expected of them in the performance of
their duties.
Rule 15.00- Judges should attend in
Court at the time designated.
CONSIDERATlONS:
15.01 The role of punctuality in the
administration of justice cannot be
overestimated.
15.02 In the absence of any specific rules of
practice, it is the duty of the Chief Judge to
set hours of court sittings and to ensure that
all parties are well advised of such hours.
Rule 16.00- Judges who infringe these
judicial guidelines offend the honour and
dignity of the Provincial Court of British
Columbia.
* NOTE: As if it would not behoove our Country to unilaterally identify identical codes for all our Canadian Judges, the above are codes for BC domiciled and working judges.
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