What is the balance between speaking one's mind (sometimes forcefully and even somewhat sarcastically) and presenting oneself in a manner which does not bring the administration of justice into disrepute or give rise to
allegations of biased decision making?
Not exact matches
A recent Federal Court
decision that addressed
allegations of bias by an adjudicator hearing a case under the unjust dismissal provisions
of the Canada Labour Code provides more comfort to adjudicators who engage in med - arb.
In support
of his
allegation of bias, the employee placed emphasis on the trial judge's negative reaction to counsel's failure to bring to the court's attention a
decision that questioned a procedural ruling that the trial judge had made earlier; describing his failure to bring the case to the court's attention as «bad advocacy.»
Collective
decision making also shields the judicial institution from
allegations of bias, because it is much harder to show that all three judges on a panel have the same
bias than it is to conjure up some plausible grounds for
bias involving a single judge.