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Sunday, 14 June 2009

Current Judges' Code of Ethics

(NST) JUST as much as a judge applies the law and rules upon the common man, there are rules by which the judge himself has to live by.

The current Code of Ethics was drawn up in 1994 and amended in 2000, and is to be found in Clause 3(A) of Article 125 of the Federal Constitution.

The code applies to a judge of the High Court, Court of Appeal, and Federal Court, throughout his period of service, and the breach of any provision in this code may provide a ground for the removal of the judge from office.

On the day that a person is appointed a judge, he has to cease having any connection with the firm where he was practicing as a lawyer prior to his appointment.

To do this, he has to ensure that his name is removed from the firm's name, that it does not appear in the firm's letterhead, and that he does not have any dealings with the firm or any member of the firm.

Once a person becomes a judge, he would have to declare in writing all his assets, if asked to do so by the Chief Justice.

WHAT A JUDGE CAN'T DO

1. Put his private interests before his judicial duties.

2. Behave in a way that might bring his private interests into conflict with his judicial duties.

3. Behave in a manner that might cause a reasonable suspicion that he has allowed his private interests to come into conflict with his judicial duties, to the extent of impairing his usefulness as a judge.

4. Behave in a way that might cause a reasonable suspicion that he has used his judicial position for his personal advantage.

5. Conduct himself dishonestly or behave in a manner that would discredit the Judiciary or bring it into disrepute.

6. Be lacking in efficiency or industry.

7. Be late in disposing of cases, delivering decisions, and writing grounds of judgment, without reasonable explanation.

8. Refuse to obey a proper administrative order or refuse to comply with any statutory direction.

9. Be absent from his court during office hours without a reasonable excuse or prior permission from the Chief Justice, President of the Court of Appeal, or Chief Judge.

10. Be a member of any political party, or participate in any political activity.

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