Sentences with phrase «in judicial impartiality»

The court upheld the state's recusal rules, finding that they are narrowly tailored to serve the compelling state interest in judicial impartiality.

The Arkansas Supreme Court held that the canon was narrowly tailored to the state's interests in judicial impartiality and open - mindedness, and that White was inapplicable because the facts of the case and the details of the solicitation canon were distinguishable: «We do not believe anyone can seriously argue that a judge personally soliciting campaign contributions from attorneys having cases before him or her should be permissible.»

Not exact matches

Stevens supported his argument by citing Caperton v. A.T. Massey Coal Co., [39] where the Court held that $ 3 million in independent expenditures in a judicial race raised sufficient questions about a judge's impartiality to require the judge to recuse himself in a future case involving the spender.

It's also meant to ensure it doesn't «give the appearance of compromising judicial impartiality and independence (including independence from the political process)» while keeping a judge from taking a position on issues that might ultimately wind up before the courts, he argues in the memo.

In a country where judicial independence and impartiality is considered axiomatic, faith in the administration of justice and confidence in the courts should be supported by evidencIn a country where judicial independence and impartiality is considered axiomatic, faith in the administration of justice and confidence in the courts should be supported by evidencin the administration of justice and confidence in the courts should be supported by evidencin the courts should be supported by evidence.

The committee concluded «that Justice Camp's conduct in the Wagar Trial was so manifestly and profoundly destructive of the concept of the impartiality, integrity and independence of the judicial role that public confidence is sufficiently undermined to render the Judge incapable of executing the judicial office.

Any person who issues a decision, gives an opinion, submits a report, addresses a case or proves an incident for the benefit or against a person, failing to maintain the requirements of integrity and impartiality, in his capacity as an arbitrator, expert, translator or investigator, appointed by administrative or judicial authority or selected by parties, shall be sentenced to temporary imprisonment.

This serves to undermine judicial impartiality, fundamental to ensuring the stability of Turkey's legal institutions, and has consequently diminished public confidence in both the judiciary and the government.

A judge may participate in electronic social networking, but as with all social relationships and contacts, a judge must comply with relevant provisions of the Code of Judicial Conduct and avoid any conduct that would undermine the judge's independence, integrity, or impartiality, or create an appearance of impropriety.

In accordance with the code of judicial ethics, judges frequently recuse themselves from cases where they have a financial interest that might create even an appearance of impartiality — for example where a judge holds stock in a litigant's companIn accordance with the code of judicial ethics, judges frequently recuse themselves from cases where they have a financial interest that might create even an appearance of impartiality — for example where a judge holds stock in a litigant's companin a litigant's company.

Judicial independence and impartiality are paramount in the Canadian judicialJudicial independence and impartiality are paramount in the Canadian judicialjudicial system.

And under Canon 2, Rule 2.11, a judge has an ethical responsibility to perform judicial duties impartially, and to «disqualify himself or herself in any proceeding in which the judge's impartiality might reasonably be questioned.»

In Loughry v. Tennant et al., the West Virginia Supreme Court recognized that judicial elections are different from executive and legislative elections, and concluded that there are unique and compelling state interests in «protecting the impartiality and integrity of the judiciary, and strengthening public confidence in the judiciary.&raquIn Loughry v. Tennant et al., the West Virginia Supreme Court recognized that judicial elections are different from executive and legislative elections, and concluded that there are unique and compelling state interests in «protecting the impartiality and integrity of the judiciary, and strengthening public confidence in the judiciary.&raquin «protecting the impartiality and integrity of the judiciary, and strengthening public confidence in the judiciary.&raquin the judiciary.»

Second, for a strong jurisprudential inquiry into impartiality, the relevant differences between civil and common law judges, the nature of adjudication and law, and the justification for positive legal restrictions on judges» conduct, see W. Bradley Wendel, Impartiality in Judicial Ethics: A Jurisprudential Analysis, 22 Notre Dame J.L. Eimpartiality, the relevant differences between civil and common law judges, the nature of adjudication and law, and the justification for positive legal restrictions on judges» conduct, see W. Bradley Wendel, Impartiality in Judicial Ethics: A Jurisprudential Analysis, 22 Notre Dame J.L. EImpartiality in Judicial Ethics: A Jurisprudential Analysis, 22 Notre Dame J.L. Ethics & Pub.

Topics covered include the transition to the bench, ethical principles for justices of the peace and judicial conduct, the structure of the courts, the role of precedent in the common law; the adversarial system; onus and standards of proof; judicial independence and impartiality; and discrimination and harassment.

to develop and maintain social and cultural awareness in order to preserve and enhance the judicial system's fairness, integrity and impartiality by eliminating bias and prejudice; and

(Jennifer Nedelsky, «Embodied Diversity and the Challenges to Law» (1997), 42 McGill L.J., p. 107) In practical terms, this means that — as a step toward judicial impartiality — a judge should understand the factual and social context of a case.

Unless we are to compromise judicial impartiality and subject these defendants to the risk of an ad hoc judgment influenced by the impregnating atmosphere of the times, the constitutionality of their conviction must be determined by principles established in cases decided in more tranquil periods.

It is interesting that in her speech Justice Abella cautioned that judges should be vigilant that their judicial independence and impartiality are not cauterized by controversy.

Guest speaker, «Ethics of Judicial Elections in the Context of Regulation, Free Speech, Impartiality and Independence: Point and Counterpoint,» ABA Convention, 2007

The starting point was Northwestern Utilities Ltd. v. City of Edmonton, [1979] 1 S.C.R. 684, at p. 709, where, citing concerns about impartiality, Estey J. limited a tribunal's participation in judicial review proceedings to «an explanatory role with reference to the record before the Board and to the making of representations relating to jurisdiction».

[3] Public confidence in the independence and impartiality of the judiciary is eroded if judges, judicial candidates, and a judge - elect are perceived to be subject to political influence.

The Canadian Judicial Council in its Ethical Principles for Judgesrecognizes that restraining judicial public expression requires a balancing of freedom of expression with the importance of impartiality and independence (aJudicial Council in its Ethical Principles for Judgesrecognizes that restraining judicial public expression requires a balancing of freedom of expression with the importance of impartiality and independence (ajudicial public expression requires a balancing of freedom of expression with the importance of impartiality and independence (at D. 5):

In this case, the Board could participate without compromising the principles of finality and impartiality (at paras. 60 - 62) and, although Rothstein J. sounded a «note of caution» about the Board's suggestion that even if it lost on judicial review it would reach the same result in fresh proceedings, he felt «the Board generally acted in such a way as to present helpful argument in an adversarial but respectful manner» (at para. 72In this case, the Board could participate without compromising the principles of finality and impartiality (at paras. 60 - 62) and, although Rothstein J. sounded a «note of caution» about the Board's suggestion that even if it lost on judicial review it would reach the same result in fresh proceedings, he felt «the Board generally acted in such a way as to present helpful argument in an adversarial but respectful manner» (at para. 72in fresh proceedings, he felt «the Board generally acted in such a way as to present helpful argument in an adversarial but respectful manner» (at para. 72in such a way as to present helpful argument in an adversarial but respectful manner» (at para. 72in an adversarial but respectful manner» (at para. 72).

Through its commitment to judicial independence and impartiality, and its efforts to ensure access to justice, it stands today as one of the primary bastions of the rule of law in Quebec.

[95] Judicial fundraising can place that impartiality in jeopardy.

The two female judges of the nine member court, Justice McLachlin (as she then was) and Justice L'Heureux - Dubé, concurred with Cory J. in the result, but would have gone even further in condoning the comments of the trial judge, asserting, «An understanding of the context or background essential to judging may be gained from testimony from expert witnesses in order to put the case in context...: A reasonable person far from being troubled by this process, would see it as an important aid to judicial impartiality.»

But, while the mediation of courts is based upon the principle of judicial impartiality, disinterestedness, and fairness pervading the whole system of judicature, so that courts may as near as possible be above suspicion, there is, on the other side, an important issue at stake: that is, that causes may not be unfairly prejudiced, unduly delayed, or discontent created through unfounded charges of prejudice or unfairness made against the judge in the trial of a cause...

Under the Model Code of Judicial Conduct, judges must always act in a manner that «promotes public confidence in the independence, integrity, and impartiality of the judiciary» and must «avoid impropriety or the appearance of impropriety.»

It's completely arrogant and ridiculous for lawyers to suggest that a non-lawyer journalist and the public in general can't understand the issues surrounding judicial impartiality and take a view on them.

He has defended a Spanish company in two high - value arbitration cases for the acquisition of a Brazilian group of companies, winning damages over the sellers» contractual liability, who further sought vacatur of the awards in judicial proceedings in New York on the grounds of lack of impartiality of the President of the Arbitral Tribunal.

(b) shall maintain the dignity appropriate to judicial office and act in a manner consistent with the impartiality, integrity, and independence of the judiciary, and shall encourage members of the candidate's family to adhere to the same standards of political conduct in support of the candidate as apply to the candidate;

In a decision artier this year, Justice Abella wrote that: «Judicial impartiality and neutrality do not mean that a judge must have no prior conceptions, opinions or sensibilities.

However, the impartiality and integrity of the men and women who preside as judges and judicial officers over legal proceedings in this country must be ranked near the top if not at the top in the world.

It may be that the trial judge's reasons, in this case, showed evidence of impartiality (as the Court found), but it is difficult to see how the unattributed and wholesale reproduction of over 85 % of the plaintiff's submissions did not severely undermine judicial integrity.

Only 15 per cent of respondents felt that lawyers» use of online social networks negatively affects the public's confidence in the integrity and professionalism of the legal profession, while almost 40 per cent of respondents felt that judges» use of online social networks negatively affects the public's confidence in the integrity and impartiality of the judiciary, thereby undermining judicial independence.

A judge may participate in electronic social networking, but as with all social relationships and contacts, a judge must comply with relevant provisions of the Code of Judicial Conduct and avoid any conduct that would undermine the judge's independence, integrity, or impartiality, or create an appearance of

The judge wrote back saying there was no «reasonable perception of judicial impartiality in this case».

In requesting the inquiry earlier this year, Alberta Justice Minister Kathleen Ganley wrote that Camp's conduct «was so manifestly and profoundly destructive of the concept of impartiality, integrity and independence of the judicial role that public confidence has been sufficiently undermined to render Justice Camp incapable of executing his judicial office.»

«They must also avoid expressing opinions which, were it to become known that they hold judicial office, could damage public confidence in their own impartiality or in the judiciary in general.»

BUT — I can think of at least one commenter on Pink Tape who makes valuable contributions from time to time but does so anonymously in order not to compromise his / her judicial impartiality, and at least one commenter on Pink Tape who does so quite openly, drawing on judicial experience to back up opinion.

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.»