You are the junior judge in a 3 person court hearing that is about to conduct the trial of a government official who is charged with accepting bribes in exchange for granting a lucrative contract to a well know local building firm. Your brother in law is an architect who receives frequent remunerative work from this firm, though this is not generally known. You have been preparing carefully for the trial. 2 days before the trial begins you find out that the wife of the senior judge presiding in your case works in the same government department as the defendant. He has never mentioned this fact. What should you do?
Judge Barkov is a judge of the first instance court and a member of the Council of the National Association of Judges. At meetings of the Association, he speaks very often of the dissatisfaction of many judges, as well of his personal dissatisfaction. Many consider that the Supreme Judicial Council does nothing to solve the problems that heavily burden the work of judges, such as:
- working conditions are below a satisfactory level
- the number of cases which by their nature and legal weight do not need to come to the courts is increasing, which takes time for judges and prevents high-quality work on more complex cases
- the SJC has no policy for hiring new staff at the courts
- there are generally no necessary reform activities contemplated.
Judge Barkov proposes that the National Association of Judges should send to the SJC an official complaint regarding the above mentioned problems, thinking that this would encourage the SJC to take positive action. But because nothing has happened after several meetings of the Association, Judge Barkov decides to act independently. He writes a very critical article in a national law journal. A journalist of a very influential newspaper reads the article. He contacts Judge Barkov and proposes an interview in which the Judge could speak openly about the problems in the judiciary. The interview took place and was published in the newspaper. What conduct and ethics issues might be raised here?
The case study was given by Judge Jeremy Cooper from the Attending Training for Trainers “Judicial Training and Ethics”, 20 – 21 June 2023, organized by the NIJ
One morning, Judge Dach feels a sharp pain in the stomach. He cannot concentrate on his work and decides to seek medical help. He attends a nearby hospital for an examination by a medical specialist. Walking into the waiting room, he sees a crowd of patients waiting their turn for examination, some of whom have been waiting since early morning. That afternoon he has scheduled an important two hour court hearing in which it is necessary to hear several witnesses coming from abroad; the hearing has already been postponed several times. He decides to call a friend, a doctor at the same hospital. The friend comes over and escorts him to the front of the queue in full sight of the crowd of patients who had been waiting long before him. Has the judge behaved unethically?
The case study was given by Judge Jeremy Cooper from the Attending Training for Trainers “Judicial Training and Ethics”, 20 – 21 June 2023, organized by the NIJ
You have just been appointed to the bench as a middle ranking judge hearing both civil and criminal trials. You believe yourself to be a fair and conscientious judge and you are ambitious to get on with your career. You hope you might ultimately rise to the most senior level of the judiciary. Returning to your judicial chambers from court on the last day before the New Year break you discover a lavish hamper containing foods, drinks and luxury groceries. The hamper is a gift from the leading elected politician in your area. A colleague informs you that every year he sends such hampers as ‘expressions of thanks and gratitude to all my hard working public servants’. He tells you that all the other judges accept the hampers with gratitude, and so should you. What will you do?
The case study was given by Judge Jeremy Cooper from the Attending Training for Trainers “Judicial Training and Ethics”, 20 – 21 June 2023, organized by the NIJ
Judge McKenzie is 48 years old. He is a married man with two teenage children. He is looking forward to participating in a conference on international regulatory law on a Caribbean Island. He has been asked to give a paper on the state of law in his country on the conference topic. The conference will be attended by judges and lawyers from across the world. His economy air fare is paid for by his court as are the fares of the 2 people accompanying him, a junior judge in his court, and his female clerk. He will receive a cash per diem from the conference organisers in the local currency upon arrival, to cover the cost of his hotel accommodation and meals during the conference. The following sequence of events occurs:
Upon check in he is allocated a seat with his 2 colleagues at the rear of the plane. He later returns to the check in desk stating that he has a bad back (not true) and also he is a judge. He is subsequently upgraded to Business Class. He does not inform his colleagues.
Armed with his Business Class ticket he goes to the VIP lounge and enjoys a free meal, and drinks. On leaving he takes a couple of small miniatures, as he sees others doing so, despite notices stating they ae not to be taken from the lounge.
Upon arrival at the destination airport, Judge McKenzie heads for the VIP exit on the basis that he is a judge travelling in Business Class. He waves to his two colleagues, lost in a long immigration queue.
Upon exiting the airport, he bumps into an old friend, an attractive widowed judge who lives locally. She immediately invites him and his colleagues to dinner with her at her villa. He accepts, but declines on behalf of his colleagues, without consulting, them claiming they will be ‘too tired’.
At the end of a happy evening, his friend suggests he stays in her villa with her for the duration of the conference, in the guest suite. He willingly accepts.
Upon arrival at the conference the next day, he claims his per diem expenses for the conference ‘to cover all meals and accommodation’.
During the day he telephones his wife and children telling them that his hotel accommodation is ‘fantastic.’
On Day 2 of the conference, feeling a little guilty towards his colleagues, he treats them to dinner in an expensive local restaurant.
Before returning home the Judge buys his host a sumptuous bouquet of flowers as a Thank You. He also leaves a generous donation to her favourite charity Donkeys in Distress.
Judge McKenzie does not deliver a paper at the conference stating that he unfortunately left it in his office back home. He had not written any paper. He does however take copious notes at the conference with the intention of briefing his judicial colleagues on his return.
The case study is provide by 17th Edition Summer School for junior anti-corruption practitioners from South-Eastern Europe, Regional Anti-Corruption Initiative
Your close friend told you that the Chief Public Prosecutor where you are a prosecutor purchased IT equipment for the institution through a direct agreement with a company owned by the daughter of another prosecutorial official whom he knows. You also have an information that the Chief Public Prosecutor is a friend with a member of the Anti-corruption Commission.
Ethical issues:
- Is this conduct permitted by the rules and guidelines for ethical and professional conduct applicable to judicial officials?
- Would you keep the information to yourself? If so, why? What would your fears be?
- Who would you tell about it? Why?
- If you decided to report it, what would your goals be…?
- If you reported the information, how would you expect your colleagues and
- friends to react?
The case study is provide by 17th Edition Summer School for junior anti-corruption practitioners from South-Eastern Europe, Regional Anti-Corruption Initiative
A prosecutor was called for a crime scene investigation at 1500 hours. He took the office car and went to the crime scene. After the crime scene investigation, at 1700, he went to have for dinner in a restaurant nearby. He had a glass wine with his dinner. Around 1800 hours, he drove back to the office. Before reaching the office, he was stopped by a police patrol. He was tested and the alcohol test found unpermitted doses of alcohol (there is zero tolerance for alcohol when using an official car) exceeding the legal limit. He later plead guild to driving under the influence of alcohol. The police wanted to issue a fine and take away his driver’s license, but the prosecutor presented himself as a member a judiciary, said that he was working with the local police on a case, and asked to be excused.
- Please identify ethics issues that might be the basis for disciplinary liability of the prosecutor? Discuss within the context of national laws and ethical rules
- What if the prosecutor presented himself as working with local police on a case but did/ not ask to be excused?
- What if the prosecutor contested the criminal allegations and was later found not guilty of driving under the influence of alcohol in violation of the law?
- Please, list the possible effects of the prosecutor’s actions on the integrity of the prosecutor’s office and/or the image of judiciary in eyes of the public?
The case study is provide by 17th Edition Summer School for junior anti-corruption practitioners from South-Eastern Europe, Regional Anti-Corruption Initiative
The defendant (she) had pled guilty to second degree sexual assault arising from her relationship with a minor who at the time was her student and 13 years old. Pursuant to a plea agreement, the former teacher had agreed to be sentenced to three years of imprisonment.
During sentencing, the judge made several statements that attracted nation-wide media attention. For example, he suggested, “Maybe it was a way of the victim to, once this did happen, to satisfy his sexual needs. At 13, if you think back, people mature at different ages. We hear of newspapers and TV reports over the last several months of nine-year olds admitting having sex.”‘
Ethical issues:
- -Has the judge expressed stereotypical views regarding the sexual nature of young boys, imply a bias?
- – If there is a bias, is it of a such character that could impugn the impartiality and open- mindedness necessary to make correct and sound determinations in the application of the law?
- – If there is bias expressed, in your opinion which of the ethical principles is/are violated/why?
The case study is provide by 17th Edition Summer School for junior anti-corruption practitioners from South-Eastern Europe, Regional Anti-Corruption Initiative
In a case against 33 accused for “terrorist endangerment of the constitutional order”, essentially for carrying out the storming of the parliament, the presiding judge sentenced 50 lawyers with a fine of 1000 euros each for “insult of the court” and disrupting the process. The judge in this case, imposed a strong pace, with trial sessions that often lasted almost till midnight.
Namely, in this case, the hearing started in one of the large courtrooms designated specially for trials in organized crime and corruption. The judge gave a break of 20 minutes for additional check of the equipment for taking the statement from a protected witness. During the break, a court clerk informed the lawyers that the trial will be held in another courtroom due to the technical obstacles. The new courtroom was small and the lawyers did not have space to place their documents. They proposed to the judge to postpone the hearing due to the lack of adequate conditions for providing aneffective defence having in regard the complexity and seriousness of the case. The judge denied the proposal and then all the lawyers stood up as a protest. The lawyers launched an appeal to the Appellate court but the appeal has been rejected and then they launched an initiative in front of the CC for breach of freedom of expression and their role as guarantor of the fair trial requirements was infringed and that their intention was to express their justified critics in the exercising of the defence rights that is the key role of the defence lawyers in a democratic society.
Ethical challenges:
- Are the rules for sanctioning parties for disrepect the court provide for fine nd imprisonment sanctions?
- Is the freedom of expression of lawyers violated?
- In which extent they can express criticism towards the conducting the proceeding and the way the judge is conducting the procedure?
- Was the judge under pressure?
- Were the procedural rights of accused violated?
- If the procedural rights were violated, which one?
- Has the judge exercized the contempt power in an arbitrary manner?/ if yes, why?
- If there is a violation which article of the ECHR has been violated?
- Have the lawyers insulted the court (the judge)?
The case study is provide by 17th Edition Summer School for junior anti-corruption practitioners from South-Eastern Europe, Regional Anti-Corruption Initiative
A judge from a District court posted two videos on the Tik- Tok was suspended by the High Judicial Council Superior Council of Magistrates over two videos he posted on TikTok last year for violation of the respect and the dignity of the judiciary. ln one of the videos, the judge is in swimming suit in a pool and on the second is singing with a microphone in one restaurant on the stage. The judge has over 90000 followers has for years been critical of national corruption- ridden judiciary and promoted reforms.
Civil Society representative say “His suspension amounts to a warning aimed at reform-minded judges who intend to run for a position on the CSM next year.
The foreign Embassy said it was “deeply concerned” about the Judge’s suspension. “An independent justice that respects the rule of law is essential for any prosperous democracy.
Representative from the opposition party stated that the current government was partaking in the “destruction of justice. The Council has introduced a novel practice, but it is more important to implement such practice at a general level and in a non-selective manner. “Even if this decision is overturned by the Superior court, the signal has been given,” he said. “Judges need to be very careful.”
The judge emphasized that the videos have nothing to do with his profession, said in his interview with the AP that he believed the Superior Council of Magistracy was retaliating against his advocacy for judicial reform. “I think it’s a kind of payback,” he told the AP. “For many years I’ve been involved in the reform of judiciary … I’ve got a lot of enemies for this kind of attitude.
The judge uses to post movies for the judiciary, educates young pupils in schools.
Ethical issues:
- How open the judiciary should be?
- Has the judge violated the ethical rules and if yes/ which one?
- How will you strive the balance between the conflicting values, freedom of expression of judges and the preservation of the reputation and the dignity of the courts/ prosecution office?
- How the judge / prosecutor can balance the regular duties and the extra-judicial activities
Which of the sources of information you find relevant?