Practicing Law From The Bench: A Judge's Dual Role

Judges are responsible for upholding and applying the law and must perform their duties impartially and without bias or prejudice. They must also act in a manner that promotes public confidence in the judiciary. While judges are typically tasked with ensuring that rules are followed in the courtroom, they may also be called upon to participate in judicial reviews or make decisions on matters requiring immediate action, such as hearings on probable cause or temporary restraining orders. In these situations, judges must disclose any potential conflicts of interest and make reasonable efforts to transfer the matter to another judge. Additionally, judges are expected to be vigilant against invidious discrimination and resign from any organizations found to be engaging in such practices.

Judges must act impartially and uphold integrity

The role of a judge is to uphold the law and act impartially, promoting public confidence in the integrity and independence of the judiciary. This means that a judge must interpret and apply the law without bias or prejudice, even if they personally disapprove of the law in question. A judge's conduct, both professionally and personally, must not compromise their integrity or impartiality, as this would undermine public confidence. For example, a judge must not engage in financial or business dealings that could exploit their judicial position or adversely impact their impartiality.

A judge must also be attentive to issues of discrimination. If a judge learns that an organization to which they belong engages in invidious discrimination, they must immediately resign from that organization. However, a judge's membership in a religious organization as a lawful exercise of religious freedom is permitted and not considered a violation.

In matters requiring immediate judicial action, such as a hearing on probable cause or a temporary restraining order, a judge must disclose any potential conflicts of interest and make reasonable efforts to transfer the matter to another judge. For example, if a lawyer in the proceeding is affiliated with a law firm that a relative of the judge is also affiliated with, the judge's impartiality could be reasonably questioned, and disqualification would be required.

Overall, a judge must uphold the integrity and impartiality of the judiciary, promoting public confidence and ensuring that their conduct, both on and off the bench, does not cast doubt on their ability to act fairly and impartially.

Judges can be disqualified from cases

Judges are expected to maintain high standards of integrity and impartiality. However, there are situations in which a judge may be disqualified or recused from a case.

In the United States, the 28 U.S. Code § 455 outlines the conditions under which a judge, justice, or magistrate judge may be disqualified. One of the primary reasons for disqualification is if the judge has a personal bias or prejudice concerning a party or a lawyer involved in the case. This includes having a personal relationship with any of the parties or their lawyers or having prior knowledge of the facts in dispute. Additionally, a judge should be aware of their financial interests and those of their immediate family members. If the judge, their spouse, or minor children have a financial interest in the case or a party to the proceeding, they may be disqualified. However, if the judge or their family member divests themselves of the interest that led to the disqualification, they may continue to preside over the matter.

Another reason for disqualification is if the judge has made public statements that indicate a commitment to a particular outcome in the case. This includes statements made while the judge is serving as a judicial candidate or after they have been appointed. The Code of Civil Procedure 170.6 CCP in California also allows for the disqualification of a judge if they appear to be prejudiced against one of the parties or attorneys. In such cases, the challenging party does not have to provide factual reasons but must believe that the judge is prejudiced and that a fair trial is unlikely.

It is important to note that the process of disqualification varies, and that a judge may also choose to recuse themselves if they believe it would further the interests of justice or if there is doubt about their ability to remain impartial. The California Commission on Judicial Performance monitors state judges, and misconduct or ethical violations can result in suspension or removal from the bench.

Judges must avoid impropriety

While a judge's role is to determine that rules are being followed in the courtroom, they must also uphold and apply the law, performing all duties of judicial office fairly and impartially. This includes interpreting and applying the law without regard to their personal beliefs.

To maintain public confidence in the judiciary, a judge must act with integrity and avoid any impropriety or conduct that creates the appearance of impropriety. This applies to both their professional and personal conduct. A judge should expect to be scrutinized by the public and must accept the restrictions imposed by the Code of Judicial Conduct. Conduct that compromises or appears to compromise a judge's independence, integrity, or impartiality undermines public confidence.

For example, a judge must not lend the prestige of their judicial office to advance their private interests or engage in financial or business dealings that may exploit their judicial position or interfere with their judicial duties. A judge must also be attentive to whether any organizations they belong to practice invidious discrimination. If a judge learns that an organization they are a part of engages in invidious discrimination, they must resign immediately.

In matters requiring immediate judicial action, such as a hearing on probable cause or a temporary restraining order, a judge must disclose on the record any basis for possible disqualification and make reasonable efforts to transfer the matter to another judge as soon as possible. For instance, if a lawyer in the proceeding is affiliated with a law firm that a relative of the judge is also affiliated with, the judge's impartiality may be reasonably questioned, and disqualification may be required.

Judges must resign from discriminatory organisations

While a judge's role is to ensure rules are being followed in the courtroom, they bring a unique background and personal philosophy to the bench. Judges must interpret and apply the law without bias or prejudice, even if they disapprove of the law in question. They are also responsible for determining the strength of evidence in a hearing or trial.

The Code of Judicial Conduct outlines that judges must act in a way that promotes public confidence in the judiciary and avoids any impropriety or appearance of impropriety. This applies to both the professional and personal conduct of a judge. Judges are expected to be subject to public scrutiny and must accept the restrictions imposed by the Code. Conduct that undermines the independence, integrity, or impartiality of a judge is not acceptable.

The Code of Judicial Conduct also addresses the issue of discriminatory organisations. It states that judges should be attentive to whether an organisation practices invidious discrimination. If a judge discovers that an organisation they belong to engages in such discrimination, they are required to resign immediately. This is to ensure that the judge's impartiality and integrity are not compromised.

In conclusion, judges must uphold the highest standards of conduct to maintain public trust and confidence in the judiciary. This includes resigning from any organisations that engage in invidious discrimination to prevent any perception of bias or prejudice.

Judges can be suspended and reinstated

Judges, like anyone else, are fallible and can make mistakes or display poor conduct. In the United States, there have been many instances of judges breaking laws or oaths and still remaining on the bench. However, there are also examples of judges being suspended and even reinstated.

A judge can be suspended for a variety of reasons, including misconduct, incompetence, or failing to recuse themselves from a case when they have a conflict of interest. For example, in 2009, Circuit Judge Marvin Wiggins was suspended for 90 days for failing to recuse himself from a voter fraud investigation involving his relatives. Similarly, Judge Kelly was the subject of a complaint by foster parents Cheri and Travis Norwood, who alleged that the judge's incompetence led to a delay in a foster care case, causing trauma to the foster child and the foster family. In this case, the commission dismissed the complaint, but social workers also forwarded their concerns about the judge's conduct in other cases.

In some cases, a judge may be reinstated after being suspended. This could occur if new information comes to light that clears the judge of any wrongdoing, or if the judge takes steps to address the issues that led to their suspension. For example, in California, when a judge grants probation and indicates that the imposition of a sentence is suspended (ISS), the judge can reinstate probation if the defendant violates the terms of their probation. The probation may be reinstated with harsher conditions, or the judge may impose any sentence that was available at the time of the original probation order.

It's important to note that the process for suspending and reinstating judges may vary depending on the jurisdiction and the specific circumstances of each case. While some judges may face consequences for their actions, it is also common for judges to escape public accountability, as seen in the Reuters investigation, which found that nine out of ten judges who broke laws or oaths kept their jobs.

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