The text of the statute provides, in s. 3, that a judge or justice of the peace shall swear to «honestly and faithfully» exercise the
powers of judicial office.
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.
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.
Otherwise, a judge should not personally participate in fund - raising activities, solicit funds for any organization, or use or permit the use of the prestige
of judicial office for that purpose.
Judges should maintain the dignity
of judicial office at all times, and avoid both impropriety and the appearance of impropriety in their professional and personal lives.
Provide assistance with the management
of the judicial office of the 16th District Court including judge's office and court proceedings.
Roe and the decisions reaffirming it are equal in their audacity and
abuse of judicial office to Dred Scott v. Sandford.
I am grateful to have enjoyed this privilege and mindful of the honour and public trust that attach to the
holding of judicial office in Canada.»
But at other times, such as this time, the
gowns of judicial office enabled this judge to lose sight, however momentary, of the public he served and, in that moment, we were all diminished.
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.»
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).
Creating
Principles of Judicial Office for Justices of the Peace, through the Justices of the Peace Review Council, recognizing justices of the peace as judicial officers; a document that is identical to the counterpart for judges once you substitute «justice of the peace» for «judge.»
As the Canadian Judicial Council's «Ethical Principles for Judges «observes, «a judge who uses the privileged
platform of judicial office to enter the political arena puts at risk public confidence in the impartiality and the independence of the judiciary.»
What assisted the panel was there was no dispute in the facts, Justice Zabel acknowledged that «his actions were contrary to the standard of conduct expected of a judge and contrary to the Principles
of Judicial Office for judges of the Ontario Court of Justice,» and he agreed that the conduct warranted sanction from one of the penalties found under s. 51.6 (11) of the Act.
(B) A judge shall not, in connection with cases, controversies, or issues that are likely to come before the court, make pledges, promises, or commitments that are inconsistent with the impartial performance of the adjudicative
duties of judicial office.
[64] We find that Justice Cosgrove has failed in the execution of the duties
of his judicial office and that public confidence in his ability to discharge those duties in future has been irrevocably lost.
Propriety requires avoiding conduct inconsistent with the dignity
of the judicial office.
They are required to be impartial, to act with propriety, and to uphold the dignity
of judicial office.
The Ontario Judicial Council has developed criteria for continuation in office and standards of conduct «Principles
of Judicial Office,» which states,
As Principle 3.2 of the Ontario Judicial Council's «Principles
of Judicial Office «states judges «must not participate in any partisan political activity.»
I will condense the following extracts from the report that highlight the committee's findings on the foundational principles
of judicial office — impartiality, integrity and independence — and why, in this case, correctness was eclipsed by conduct:
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».
«A judge should not lend the prestige
of the judicial office to advance the private interests of others...»
[5] In addition to appointing lawyers to serve as counsel for indigent parties in individual cases, a judge may promote broader access to justice by encouraging lawyers to participate in pro bono publico legal services, if in doing so the judge does not employ coercion, or abuse the prestige
of judicial office.
The duties
of judicial office, as prescribed by law, shall take precedence over all of a judge's personal and extrajudicial activities.
In defining the appropriate degree of involvement of the judiciary in public debate, there are two fundamental considerations.The first is whether the judge's involvement could reasonably undermine confidence in his or her impartiality.The second is whether such involvement may unnecessarily expose the judge to political attack or be inconsistent with the dignity
of judicial office.