It is quite right to point out that anonymity can not be guaranteed and must not be relied on as a cloak (this is why I decided from the outset not to bother blogging anonymously), but why not simply make plain that
holders of judicial office should never blog anything that would be inappropriate or would breach confidentiality if their identity were to become known?
There are of course very good reasons for quite significant constraint on public pronouncements by
holders of judicial office.
Regulation 17 of the PTWR, entitled «
Holders of judicial offices», provides that the regulations do not apply «to any individual in his capacity as the holder of a judicial office if he is remunerated on a daily fee - paid basis».
However, reg 17 excluded any individual in his capacity as
the holder of a judicial office if he was remunerated on a daily fee - paid basis.
Charge 29 relates to Criminal Code section 119 (1)(a), which sets out that «everyone is guilty of an indictable offence and liable to imprisonment for a term not exceeding 14 years who... being
the holder of a judicial office, or being a member of Parliament or of the legislature of a province, directly or indirectly, corruptly accepts, obtains, agrees to accept or attempts to obtain, for themselves or another person, any money, valuable consideration, office, place or employment in respect of anything done or omitted or to be done or omitted by them in their official capacity.»
Not exact matches
The allowances were allegedly paid outside the approved Remuneration Package for Political, Public and
Judicial Office Holders by the Revenue Mobilisation Allocation and Fiscal Commission (RMAFC) and the extant Revised Financial Regulations
of the Federal Government
of Nigeria, 2009.
The interaction
of most litigants with the
judicial system is a transient one and it is
of seminal importance that the fairness, impartiality and detached objectivity
of the
judicial office holder are manifest from beginning to end.»
Other proposals include: appointing an independent layperson, instead
of a judge, to head the selection panels for the lord chief justice and the president
of the Supreme Court; transferring the lord chancellor's
judicial appointment powers below either the High Court or the Court
of Appeal to the lord chief justice; and restricting
judicial appointment commission involvement in selecting
judicial office holders who do not require a legal qualification.
Two tier structure The Transfer
of Tribunal Functions Order 2008, now in force, effectively creates a two - tier structure by transferring existing tribunals and
judicial office -
holders into the new structure.
For instance, Linkedin profiles
of judicial office holders are likely to state their
judicial appointment as you would on any CV, particularly if they are volunteers or part time and still potentially «in the market» for work or career development.
But sadly, this guidance is not the sort
of guidance which embraces the transformative potential
of social media and aims only to help a new generation
of judicial office holders avoid pitfalls along the way (for example the Law Society have produced a detailed guidance note for solicitors along these lines, which explains in words
of one syllable how social media works).
In essence, guidance has been issued to all
judicial office holders (not just magistrates), clearly warning them off blogging (although it says it's not a ban, IMHO this is a bit
of a figleaf).
The guidance could be quite properly boiled down to this one sentence: «
Judicial office holders should be acutely aware
of the need to conduct themselves, both in and out
of court, in such a way as to maintain public confidence in the impartiality
of the judiciary.»