New code of judicial conduct.ppt
Transcript of 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.