(4) Two Prague professors (at Charles University) just posted this interesting study
on judicial discipline in the Czech Republic:
Not exact matches
But the concerns cited above show why it is important that
judicial decisions be
disciplined, based
on sources of law other than the judge's own view of political morality.
True, there are stated procedures to
discipline an erring judge; and in fairness, the National
Judicial Council (NJC) has latterly gone
on the offensive to
discipline some of such judges.
Based
on mixed results to date, disputes over the extent to which educational officials can
discipline students for misbehavior involving the internet that does not originate in school or
on school computers and servers, is one that is likely to receive increased
judicial attention.
The way in which the Trial Chamber reacted to Alternate Judge Sow's decision to make a public statement
on the Taylor Trial; the exclusion of his statement from the official transcript of the hearing; and the recent information suggesting irregularities in the process which the SCSL judges invoked to
discipline their
judicial colleague for alleged misconduct all underscore the need for greater transparency
on this issue than we have so far received from the SCSL.
Texas: bill removes power of State Commission
on Judicial Conduct to
discipline judges who refuse to follow federal court rulings; claims state judges have free speech right to refuse to obey federal court rulings
Boing Boing refers to a post
on the Lowering the Bar blog that says that judge has been
disciplined for that by the state Commission
on Judicial Performance.
In this class of cases, we think the rule of action which should govern the civil courts, founded in a broad and sound view of the relations of church and state under our system of laws, and supported by a preponderating weight of
judicial authority, is that whenever the questions of
discipline or of faith or ecclesiastical rule, custom, or law have been decided by the highest of these church judicatories to which the matter has been carried, the legal tribunals must accept such decisions as final and as binding
on them in their application to the case before them.
The Divisional Court upheld the Law Society Appeal Panel in holding that the
judicial proceedings, in which Groia was not a party, were not binding
on Groia in the
discipline hearing.
Frequently appears as prosecution counsel and defence counsel for colleges of regulated professionals before
discipline committees and
on appeal or
judicial review in the courts;
A denial of
judicial immunity to Judge Bamberger will put every judge in Kentucky under the threat of KBA
discipline sanctions if they acted
on representations made by the attorneys or parties who appeared before them.
Loss of the standard of correctness gives rise to the potential loss of the «
judicial self -
discipline» advocated by Justice Iacobucci [xiii]-- eliminating the separate category of correctness may actually weaken judges» mental focus
on deference under reasonableness.
Whether disciplinary action is appropriate, and the degree of
discipline, should be determined through a reasonable application of the text and should depend
on such factors as the seriousness of the improper activity, the intent of the judge, whether there is a pattern of improper activity, and the effect of the improper activity
on others or
on the
judicial system.
The Code of
Judicial Conduct provides that, although such opinions are not per se binding
on the
Judicial Conduct Board, the Court of
Judicial Discipline, or the Supreme Court of Pennsylvania, action taken in reliance thereon shall be considered in determining whether
discipline should be recommended or imposed.
Rambo's article notes that «surprisingly, most of the state and federal courts deciding
judicial discipline cases based
on extrajudicial speech have not addressed the constitutionality of the code provisions involved.»