Sentences with phrase «of judicial duty»

Our newest Justice, Neil Gorsuch, has denounced Chevron as «a judge - made doctrine for the abdication of the judicial duty.»

As Western University Professor Stephen Pitel wrote in his 2011 article «Revising Canada's Ethical Rules for Judges Returning to Practice», the Canadian Judicial Council should define the boundaries of a judicial duty of confidentiality.

This is of the very essence of judicial duty.

The identification and protection of fundamental rights is an enduring part of the judicial duty to interpret the Constitution.

The Code of Conduct further provides in Rule 5 (B) that a judge may engage in «avocational activities», that is «activities to improve the law, the legal system, and the administration of justice if such avocational activities do not detract from the dignity of his office or interfere with the performance of his judicial duties».

A Rochester City Court judge continues to draw a $ 174,000 - a-year paycheck despite being stripped of her judicial duties after driving drunk to work, being jailed for skipping a court date and taking an extended trip to a monastery in the mountains of Thailand.

«As I have now come to realize after my interactions with the EFCC, that payment is being investigated from the angle of whether or not it was to influence the receiver in the performance of his judicial duties on the Bench of the National Industrial Court.

The Chief Judge of the Provincial Court (Civil Division) had general supervision and direction over sittings and assignment of judicial duties in the Judicial District of York.

Social media connections are considered by many to create an appearance of increased access, influence, or even impropriety — exposing judges to potential violation of their judicial duties.

His focus on the policy failures of LAO, and on the moral failures of the parties — what he sees as their unreasonable refusal to settle — undermined his satisfaction of his judicial duties.

Further, a judge must not let his concern for matters of morality and policy interfere with his discharge of his judicial duties.

Judges must avoid any conflict of interest, or the appearance of any conflict of interest, in the performance of their judicial duties.

(7) The Chief Justice of the Superior Court of Justice may hold meetings with the Associate Chief Justice, the regional senior judges and the Senior Judge of the Family Court in order to consider any matters concerning sittings of the Superior Court of Justice and the assignment of its judicial duties.

Sept. 29, 2012): Following the Sixth Circuit's decision, the Kentucky Supreme Court amended the commits clause to only prohibit commitments, pledges, or promises inconsistent with the impartial performance of judicial duties.

14 (1) The Chief Justice of the Superior Court of Justice shall direct and supervise the sittings of the Superior Court of Justice and the assignment of its judicial duties.

(B) A judge shall not, in the performance of judicial duties, by words or conduct manifest bias or prejudice, or engage in harassment, and shall not permit court staff, court officials, or others subject to the judge's direction and control to do so.

The dignity of the court, the judge's respect for fulfillment of judicial duties, and a proper concern for the burdens that may be imposed upon the judge's colleagues require that a judge not use disqualification to avoid cases that present difficult, controversial, or unpopular issues.

(C) A judge shall not engage in financial activities permitted under paragraphs (A) and (B) if they will: (1) interfere with the proper performance of judicial duties; (2) lead to frequent disqualification of the judge; (3) involve the judge in frequent transactions or continuing business relationships with lawyers or other persons likely to come before the court on which the judge serves; or (4) result in violation of other provisions of this Code.

The function of absolute immunity in the performance of judicial duties is not to shield members of the judiciary from liability for their own misconduct, but rather «to protect their offices from the deterrent effect of suit alleging improper motives where there has been no more than a mistake or a disagreement on the part of the complaining party with the decision made.»

Not exact matches

Those earlier tariff cases gave US importers and other interested persons an opportunity to argue whether such added duties are justified and an opportunity to seek judicial review of agency decisions.

266 (AB 1814) created the law and directs the Judicial Council to adopt a rule of court to allow the mother of a breastfed child to postpone jury duty for a period of up to one year and that after one year, jury duty may be further postponed upon written request by the mother.

A failure to examine alternatives would be a gross dereliction of duty and something which, among other matters, will be explored in the forthcoming judicial reviews.

Back to the National Assembly where a wrong type of economic conversation was going on in relation to the beleaguered MTN Nigeria as some members of the House of Representatives decided that in addition to their considerable legislative duties, they desired to hijack the duties of the Attorney General of the Federation (AGF), those of the telecommunications regulators - NCC and the Ministry of Communications and indeed the judicial functions of our courts as well!!!

Justice Bozimo reminded participants, «as judicial officers, we must discharge our duties following the law, equity and good conscience, regardless of which direction the political winds are blowing.

The duty of ZZZ / YYY / VVV's as judicial officers is to protect victims and prosecute criminal suspect Gabriele Scheler, isn't it?

Are NBA and the SANs suggesting that once a state security agency invades the home of a judicial officer, and makes allegations against him or her IN THE MEDIA, such an officer is under obligation to step down from its duties?

In their judgement (http://www.austlii.edu.au/au/cases/cth/HCA/2013/20.html) they say that the law does not «create a duty» to disclose these changes in circumstance effective 2000, and then apparently decline to address «is section 66A of the Administration Act invalid, insofar as it has retrospective effect, because it infringes the separation of judicial and legislative powers mandated by the Constitution?»

«EFCC seems to be dilly - dallying, which prompted me to apply for judicial review, to wit - Order of Mandamus, compelling them to do their public duty and for the ICPC to release to Code of Conduct, forms Chime filled before he became governor in 2007 to enable us determine the extent of cannibalization.

To adopt almost judicial neutrality in the performance of his duties is exactly what we should expect of the Commons» presiding officer.

«That you, Bala A. Mohammed, while being the Minister of the Federal Capital Territory, Abuja, sometime in 2014 in Abuja within the Judicial Division of the High Court of the Federal Capital Territory did accept gratification of a house worth N550, 000,000 (Five Hundred and Fifty Million Naira) only situated at No. 2599 & 2600 Cadastral Zone A04 Asokoro District, Abuja from Aso Savings & Loans Plc as reward for performing your official duties and you thereby committed an offence contrary to Section 18 (b) of the Independent Corrupt Practices and Other Related Offences Act 2000 and punishable under Section 18 (d) of the same Act.»

«However, as a serving minister in an administration that is fighting corruption, Dr Fayemi has a duty to respond to his indictment by the judicial commission of enquiry, which probed the finances of Ekiti state under his watch.

Normally, seeing the jury summons from the county clerk's office causes one of two reactions: a groan that comes from knowing jury duty is a hassle and disruption in an already overbooked life; resolute acceptance tinged with civic pride because you will be serving as a part of a fair and just judicial system.

A common thread runs through the judicial approach to all of these cases: non-compliance with the duty of disclosure may impair the ability of a court or tribunal to do justice between the parties and will not be tolerated.

Had the decision in Hasan concluded at this juncture, it would have been of interest in that it reflects current judicial thinking on the issue of a general duty to give reasons for decisions.

Thus in the words of Judge LJ: ``... the 2000 Act may properly be seen as Parliament's considered statutory framework for the disclosure of information held by public authorities, whose enactment militates against the incremental judicial perception of a common law duty to the same or any wider extent.»

The ABA found it appropriate to apply the basic tenets of appropriate judicial conduct, such as judges» duty to «respect and honor the judicial office as a public trust and strive to maintain and enhance confidence in the judicial system» and to «maintain the dignity of the judicial office at all times» when it applied rules of offline conduct to judges» activities online.

At the maximum extent of «judicial activism» this could result in the finding of a duty binding upon the political actors on the basis of the telos of Article 20 TFEU and Article 50 TEU.

In the judicial decisions in Ontario discussing this duty, it is discussed largely in the context of their professional obligations.

A disciplinary hearing was scheduled on the basis that the name change order violated Tennessee's Code of Judicial Conduct: no laws exist banning the use of religious names, and judges are required to perform their duties without regard to religious bias.

In this case, Christina Lambert and Matthew Hill successfully obtained permission for judicial review on the basis that a pilot scheme Notice of Hearing did not comply with the GMC's statutory duty and common law obligations of fairness.

The Court of Appeals could, however, ask for the assignment of a retired judge to handle discovery issues, reviewing the evidence, making proposed findings of fact and conclusions of law, and perform «any other necessary related judicial duties».

Although the Canadian articulation of the legal principles seem to resemble the American precursor, the language of the Canadian judicial treatments clearly indicates that the insurer's duty to settle within limits is much less strict.

In order to perform their duty effectively, lawyers research on laws, the intent of those laws and the judicial decisions that are relevant to their client's circumstance so as to make a knowledgeable decision.

Lindsay Johnson Housing specialist known for his strong track record in judicial reviews and in public law challenges covering a range of issues, such as failure to comply with homelessness duties, antisocial behaviour policies and failure to follow allocation policies.

He explains that the outer (or external) boundaries of judicial legitimacy are the courts» duty of saying «what the law is»; whenever they go beyond this duty, they act illegitimately as they stray into the political process.

In California, the rule states, «It is the duty of an attorney... to employ, for the purpose of maintaining the causes confided to him or her those means only as are consistent with the truth, and never to mislead the judge or any judicial officer by an artifice or false statement of fact or law.»

And that perhaps is why its doctrines demand such strict servility to the law; it is in the duty for the strict and correct application of legal doctrine that the key to judicial accountability lies, as I think the comments earlier this year of Mr. Justice David Stratas made clear (succinctly described and linked here: https://doubleaspectblog.wordpress.com/2016/01/15/taking-doctrine-seriously/).

Secondly, I agree that one of the primary roles of a lawyer is acting as an advocate for the client, implied in the s - c trust, but there is also an absolute ethical duty, as an officer of the court, to recognize conflicting duties which do not promote effective operation of the judicial system.

The act of the prosecutor results in the wrongful destruction of an American citizen's rights and casts a threatening shadow over the entire judicial system charged with the duty to secure our constitutional protections.

That all changed with the Supreme Judicial Court's 2010 decision, Papadopoulos v. Target Corp., in which the court abolished any legal distinction between natural and unnatural accumulations of snow and instead said that a property owner has a duty to act «as a reasonable person under all the circumstances» with regard to removal of snow and ice.