New code of judicial conduct.ppt

7/22/2019 New code of judicial conduct.ppt

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NEWCODEOFJUDICIAL

CONDUCT

PERFORMANCE OF DUTIES


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18.10AJUDGESHOULDBEAMANOF

LEARNING

The court has not been remised in reminding judges

to exert diligent efforts in keeping abreast with

developments in jurisprudence. Needless to state,

the process of learning the law and legal system is

a never-ending endeavor, hence, judges shouldalways be vigilant in their quest for knowledge so

they could discharge their duties and

responsibilities with zeal and fervor


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18.11AJUDGESHOULDBEAVISIBLE

REPRESENTATIONOFLAWANDJUSTICE

Examples of misbehavior of a Judge

Acceptance of bribe

Holding office and conducting hearings at his

residence Falsification of Daily Time Record

Guilty of Sexual Harassment

More


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18.12 FITTINGDIGNITYANDDECORUM

A judge should show no shortness of temper which

merely which merely detracts from the equanimity

and judiciousness that should be the constant

marks of a dispenser of justice.

He should be temperate and patient.


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18.13ATTITUDETOWARDLAWYERS,

LITIGANTSORWITNESSES

A Judge should be COURTEOUS to everyone

especially to those COUNSELS who areYOUNG

and INEXPERIENCE

He must be CONSIDERATE of witnesses and others

in attendance upon his court.

He must be STUDIOUS to avoid controversies toavoid obscure the merits of the dispute between

litigants and lead to its unjust disposition.


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18.14 JUDGESHOULDNOTRESORTTO

INTEMPERATELANGUAGE

An overspeaking judge is no well-tuned cymbal


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18.14 JUDGESHOULDNOTRESORTTO

INTEMPERATELANGUAGE

The duty to maintain respect for dignity of the court

applies to members of the bar and bench alike. A

judge should be courteous both in his conduct and

in his language especially to those appearing

before him. He can hold counsels to a properappreciation of their duties to the court, to the

clients, and the public without being petty, arbitrary,

overbearing, or tyrannical. He should restrain from

conduct that demeans his office and rememberalways that courtesy begets courtesy. Above all, he

must conduct himself in such a manner that he

gives no reason for reproach.


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18.15 QUESTIONINGWITNESSES

A trial Judge may ask clarificatory questions of a

witness:

In any case, a severe examination by trial judge of

some of the witnesses for the defense in an effort to

develop the truth and to get at the real facts affords

no justification for a charge that he has assisted the

prosecution with an evident desire to secure a

conviction, or that he had intimidated the witnesses

for the defense. The trial judge must be accorded areasonable leeway in putting such questions to

witnesses as may be essential to elicit relevant

facts to make the record speak the truth.


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18.15 QUESTIONINGWITNESSES

Trial judges are judges of both law and the facts and they

would be negligent in the performance of duties if they

permitted a miscarriage of justice as a result of a failure

to propound a proper question to a witness which might

develop some material bearing upon the outcome. Ajudge may examine or cross-examine a witness. He

may profound clarificatory questions to test the

credibility of the witness and extract the truth. He may

seek to draw out relevant and material testimony though

that testimony may tend to support or rebut the positiontaken by one or the other party. It cannot be taken

against him if the calrificatory questions he profounds

happen to reveal certain truths which tend to destroy the

theory of one party.


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18.16 UNDUEINTERFERENCEINQUESTIONING

WITNESSES


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18. 17 COMPULSORYDISQUALIFICATIONOFA

JUDGE

Sec. 1. Disqual if icat ion o f judges. - No judge orjudicial officer shall sit in any case in which he, or his wife or

child, is pecuniarily interested as heir, legatee, creditor or

otherwise, or in which he is related to either party within the

sixth degree of consanguinity or affinity, or to counsel within

the fourth degree, computed according to the rules of the civil

law, or in which he has been executor, administrator, guardian,

trustee or counsel, or in which he has presided in any inferior

court when his ruling or decision is the subject of review,

without the written consent of all parties in interest, signed by

them and entered upon the record.

A judge may, in the exercise of his sound discretion, disqualify

himself from sitting in a case, for just or valid reasons other

than those mentioned above.


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CASEOFCOMPULSORYDISQUALIFICATION

The law conclusively presumes that a judge cannot

objectively or impartially sit in a case and prohibits

him and strikes at his authority to hear and decide

it, in the absence of written consent of all parties

concerned.


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IFAJUDGECONTINUESWITHTHECASEWITHOUT

THEWRITTENCONSENTOFALLTHEPARTIES

EFFECTS:

1. The judge is deprived of his authority to continue

to hear and decide the case.

2. A judge who continues to hear a case in which he

is disqualified under any of those enumerated

grounds may be held administratively liable for,

except where all parties concerned have given

their written consent thereto.


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18.18 VOLUNTARYDISQUALIFICATION

He should conduct a careful self examination

That passion on the part of the judge may be

generated because of serious charges of

misconduct against him by suitor or his counsel


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CASEOFVOLUNTARY INHIBITION

The law leaves to the judge to decide for himself

the question as to whether he will desist from sitting

in a case for other just and valid reasons with only

his conscience to guide him unless he cannot

discern for himself his inability into meet the test ofthe cold neutrality required of him in which event

the appellate court will see to it that he disqualify

himself.

Documents

New code of judicial conduct.ppt