1. The document presents The Bangalore Principles of Judicial Conduct from 2002 which establish standards for ethical conduct of judges.
2. It begins with a preamble discussing the importance of an independent, impartial and competent judiciary for protecting human rights and upholding the rule of law.
3. The principles are then presented addressing the core values of judicial independence, impartiality, integrity and propriety. They provide guidance for judges' conduct both in and outside of court to maintain the highest standards and public confidence in the judiciary.
Canons of Judicial Conduct: Virginia CommonwealthChuck Thompson
Learn how to get any judge removed from any case. Read this to see if the judge has made any violations in your case. Chances are very high they have. http://www.gloucestercounty-va.com Visit us for real solutions to today's issues.
Mandatory Continuing Legal Education (MCLE) requires all members of the bar to complete at least 36 hours of continuing education every 3 years. The MCLE Commission is composed of 5 members including a retired Supreme Court justice and nominees from the Integrated Bar of the Philippines, the Philippine Judicial Academy, and law schools. Many government officials and legal professionals are exempted from MCLE such as senators, judges, prosecutors, and law professors. The Code of Judicial Conduct provides guidelines for judges' independence, integrity, impartiality, and competence. It aims to ensure public trust in the judiciary.
This document outlines the structure and powers of the Philippine judicial system according to the 1987 Constitution. It discusses that judicial power is vested in one Supreme Court and lower courts, and that the judiciary is composed of constitutional, statutory, appellate, and special courts. It also summarizes the qualifications of judges, the creation of the Judicial and Bar Council, appointment process of judges, and administrative powers and independence of the Supreme Court.
The document outlines key provisions of the 1987 Philippine Constitution relating to the judiciary. It establishes the Supreme Court as the highest court and grants it powers like judicial review. It provides for the establishment of lower courts and sets qualifications for judges. It also creates a Judicial and Bar Council to recommend judicial appointments. The Supreme Court is given authority over case decisions and discipline of lower court judges.
The document discusses the powers and structure of the Philippine judiciary. It states that judicial power is vested in one Supreme Court and lower courts established by law. The Supreme Court has the power to settle disputes, interpret laws, review decisions of lower courts, and oversee the legal system. It is composed of 15 Justices including a Chief Justice. Cases are heard by divisions of 3, 5, or 7 Justices or by the full Court. Majority agreement of participating Justices is needed to decide cases.
Canons of Judicial Conduct: Virginia CommonwealthChuck Thompson
Learn how to get any judge removed from any case. Read this to see if the judge has made any violations in your case. Chances are very high they have. http://www.gloucestercounty-va.com Visit us for real solutions to today's issues.
Mandatory Continuing Legal Education (MCLE) requires all members of the bar to complete at least 36 hours of continuing education every 3 years. The MCLE Commission is composed of 5 members including a retired Supreme Court justice and nominees from the Integrated Bar of the Philippines, the Philippine Judicial Academy, and law schools. Many government officials and legal professionals are exempted from MCLE such as senators, judges, prosecutors, and law professors. The Code of Judicial Conduct provides guidelines for judges' independence, integrity, impartiality, and competence. It aims to ensure public trust in the judiciary.
This document outlines the structure and powers of the Philippine judicial system according to the 1987 Constitution. It discusses that judicial power is vested in one Supreme Court and lower courts, and that the judiciary is composed of constitutional, statutory, appellate, and special courts. It also summarizes the qualifications of judges, the creation of the Judicial and Bar Council, appointment process of judges, and administrative powers and independence of the Supreme Court.
The document outlines key provisions of the 1987 Philippine Constitution relating to the judiciary. It establishes the Supreme Court as the highest court and grants it powers like judicial review. It provides for the establishment of lower courts and sets qualifications for judges. It also creates a Judicial and Bar Council to recommend judicial appointments. The Supreme Court is given authority over case decisions and discipline of lower court judges.
The document discusses the powers and structure of the Philippine judiciary. It states that judicial power is vested in one Supreme Court and lower courts established by law. The Supreme Court has the power to settle disputes, interpret laws, review decisions of lower courts, and oversee the legal system. It is composed of 15 Justices including a Chief Justice. Cases are heard by divisions of 3, 5, or 7 Justices or by the full Court. Majority agreement of participating Justices is needed to decide cases.
The document discusses the judicial department and powers of courts in the Philippines. It outlines that judicial power is vested in the Supreme Court and lower courts, and generally entails settling legal disputes and determining abuse of power. The Supreme Court has the power of judicial review to interpret laws. It is composed of a Chief Justice and 14 Associate Justices. When a court reaches a decision, a justice writes an opinion certified by the Chief Justice and served to parties.
This document discusses provisions in the Philippine Constitution regarding the independence and structure of the judicial branch. It outlines safeguards for judicial independence including fiscal autonomy, security of tenure, and protections against removal except by impeachment. It also describes the structure of the Supreme Court, which is composed of a Chief Justice and 14 Associate Justices who may sit en banc or in divisions. It provides rules for decisions, requiring a majority for division decisions and concurrence of at least 3 justices.
The document summarizes Pakistan's judicial structure. It begins by defining justice and the purposes of a judicial system, which are to administer justice, resolve disagreements, and perform adjudication, legislation, and execution functions. It then outlines Pakistan's court system, which stems from the British system and requires laws be consistent with Islam. The system includes the Supreme Court, Federal Shariyat Court, four provincial High Courts, civil and criminal subordinate courts, and alternative dispute resolution systems like jirgas. Jirgas are tribal assemblies that decide local issues and remain influential due to Pakistan's strong feudal system.
This document outlines the bylaws of the Central San Pedro Neighborhood Council. It defines the council's name, purpose, boundaries, stakeholders, governing board structure and duties, officers and their duties, committees and duties, meetings, finances, elections, grievance process, parliamentary authority, amendments, and compliance guidelines. Key details include:
- The council represents the Central San Pedro neighborhood of Los Angeles.
- It has a 17 member governing board elected by stakeholders to advise city departments and officials.
- The board has duties like managing funds, collaborating with other councils, and appointing representatives.
- There are 5 executive officers including a president, vice president, secretary, treasurer, and out
Sections 13-16 of Article VIII outline procedures for the Supreme Court of the Philippines related to rendering decisions, maximum time periods for decision making, and annual reporting requirements. Key details include:
1) Decisions must be reached through consultation and the Chief Justice must certify this occurred. Justices must explain non-participation, dissent, or abstention.
2) Decisions must clearly state the facts and law they are based on. Denials require stating the legal basis.
3) Maximum periods of 24 months for the Supreme Court and 12 months for lower courts are set to decide cases from submission.
4) If these periods lapse, a certification is issued and the case remains undecided
1) The document discusses the history and evolution of the Philippine judicial system from pre-Spanish times to the present Supreme Court established under the 1987 Constitution. 2) It also outlines the organization and hierarchy of courts in the Philippines as well as the principles of judicial power, judicial inquiry, and effects of declaring a law unconstitutional. 3) The document provides details on the composition, sitting procedure, and appointment of justices to the Supreme Court as well as the independence and safeguards for the judiciary under the 1987 Constitution.
The document discusses key aspects of the Philippine judiciary system including:
1) The judicial power refers to the authority of courts to declare what the law is and decide cases brought before it.
2) Judicial review allows courts to test the validity of executive and legislative acts against the constitution.
3) The Supreme Court is the highest court composed of a chief justice and 14 associate justices. Qualifications include citizenship, age, and proven competence, integrity and independence.
4) Lower courts include regional trial courts, sandiganbayan, and municipal courts. The Judicial and Bar Council nominates judges and justices.
Philippine Constitution - Article VIII - Judicial DepartmentJohn Paul Espino
Article 8 - VIII - Judicial Department of the Philippines
PREAMBLE
We, the sovereign Filipino people, imploring the aid of Almighty God, in order to build a just and humane society, and establish a Government that shall embody our ideals and aspirations, promote the common good, conserve and develop our patrimony, and secure to ourselves and our posterity, the blessings of independence and democracy under the rule of law and a regime of truth, justice, freedom, love, equality, and peace, do ordain and promulgate this Constitution.
The document discusses the judicial department and powers of Philippine courts according to the 1987 Constitution. It describes the structure and jurisdiction of the Supreme Court, Court of Appeals, regional trial courts, metropolitan trial courts, and other lower courts. It also covers the qualifications of judges, the administrative supervision of courts by the Supreme Court, and the establishment of a Judicial and Bar Council to recommend judicial appointments.
The document outlines the powers of the Supreme Court according to the Philippine Constitution. It discusses:
1) The Supreme Court's original jurisdiction over cases affecting ambassadors and petitions for writs like habeas corpus.
2) Its appellate jurisdiction over cases involving constitutionality of laws and those where only questions of law are involved.
3) Its powers to assign judges, order change of venue, promulgate rules of procedure and appoint judicial officials.
4) Qualification requirements for Supreme Court justices and judges, including Philippine citizenship and legal experience.
The document summarizes the history and organization of the judiciary in the Philippines. It discusses the establishment of the Royal Audiencia by King Felipe II in 1583 as the initial judicial body during Spanish colonization. It then outlines the evolution of the judicial system through periods of Philippine revolution, American rule, Commonwealth, martial law, and the current 1987 Constitution. Key aspects covered include the establishment of the Supreme Court in 1901, different court structures and jurisdictions, and qualifications of judicial members.
1. The judicial power is vested in the Supreme Court and lower courts established by law. Congress has the power to define the jurisdiction of courts but cannot deprive the Supreme Court of its original jurisdiction.
2. The Supreme Court has administrative supervision over all courts and personnel. It must submit an annual report to the President and Congress.
3. Qualifications are outlined for Supreme Court justices and lower court judges including citizenship, age, experience, and competence. Appointments are made by the President from nominees of the Judicial and Bar Council.
Purging Misconduct_Supreme Court on Professional Ethics of advocatesManish Kumar
The Supreme Court of India held that an advocate found guilty of contempt of court cannot appear or plead in any court until they have purged themselves of the contempt. To purge oneself, the advocate must genuinely regret their actions and seek sincere pardon from the court. An apology alone is not enough - it must demonstrate real remorse and commitment to not repeat the offense. Only if accepted by the court as genuine can an advocate be considered purged of contempt. The court also directed trial courts to be informed of any advocate's contempt conviction to enforce the restriction.
The document summarizes the legal profession act of Malaysia which governs the admission to and regulation of the legal profession. It outlines the three stages for entry including qualifications, being called to the bar, and obtaining a practicing certificate. It also describes the requirements and process for qualified persons and articled clerks to enter the profession. The document then discusses the disciplinary process and penalties for advocates and solicitors who violate professional standards.
The document discusses the definition and scope of administrative law. It covers four key aspects - the composition and powers of administrative authorities, limits on their powers, procedures for exercising powers, and mechanisms for controlling authorities. It also discusses reasons for the growth of administrative law due to the expansion of government roles and responsibilities. This has led to issues like overburdened courts, disputes around employment, and the need for specialized tribunals. It further examines concepts like delegated legislation, principles of natural justice, and laws and constitutional provisions aimed at protecting women's rights.
The document outlines the powers and functions of the Commission on Elections (Comelec) according to the 1987 Philippine Constitution. It establishes that Comelec will be composed of a Chairperson and 6 Commissioners who must be natural-born citizens, at least 35 years old, college graduates, and lawyers with 10+ years of practice. It then lists Comelec's powers which include enforcing election laws, deciding election-related cases, registering political parties, investigating fraud, and recommending measures to minimize election spending. Comelec may also deputize law enforcement to ensure free and credible elections.
(1) A Judicial and Bar Council is established to recommend appointees to the judiciary, headed by the Chief Justice. The council is composed of government and private sector representatives.
(2) The regular council members are appointed by the President with Commission on Appointments consent for four-year terms. The Clerk of the Supreme Court serves as Secretary.
(3) The council's principal function is recommending at least three nominees for every judicial vacancy that the President appoints without confirmation within 90 days of submission.
The Philippine Congress is divided into two chambers: the Senate and the House of Representatives. The Senate has 24 senators elected to six-year terms, with half elected every three years. Senators must be natural-born citizens at least 35 years old who can read and write, are registered voters, and have lived in the Philippines for at least two years prior to the election. The House of Representatives has no more than 250 members with three-year terms. Congress has legislative powers like passing bills, oversight of the executive branch, and confirming appointments. It also has non-legislative powers like impeachment and advising and consenting to treaties.
Lok Adalats provide an alternative dispute resolution mechanism in India to reduce pending cases in courts. The National Legal Services Authority monitors and evaluates legal aid programs in India. Lok Adalats have jurisdiction to settle a wide range of pre-litigation cases, including property and family disputes. They have proven effective, with one Lok Adalat in 2013 settling over 71 million cases across India.
This document outlines standards of professional conduct and etiquette for advocates in India. It discusses the noble and honorable role of lawyers in upholding justice and maintaining high ethical standards. The document contains rules adopted by the Bar Council of India and Bar Council of Delhi regarding professional responsibilities. These rules cover duties to the court such as maintaining dignity and respect, as well as duties to clients such as accepting briefs, avoiding conflicts of interest, and not buying claims connected to cases. Upholding integrity and fulfilling professional obligations with competence and honesty is emphasized.
This document summarizes a panel discussion on legal ethics between lawyers, judges, and mediation specialists. The panel addressed common questions that non-lawyers have about the ethical rules and guidelines that govern lawyers' and judges' conduct. Some of the key issues discussed include the proper scope of lawyers' duties of loyalty, candor and advocacy to clients; conflicts of interest; impartiality of judges; and the prohibition on ex parte communications. The panel provided explanations of the applicable rules on topics such as settlement negotiations, multiple representation, closing arguments, gifts to judges and staff, delays in litigation, criminal threats, investigations, and independent fact-finding by judges.
This document provides guidance for new judges on ethics, general rules, and protection orders. It discusses the Code of Judicial Conduct which establishes standards for ethical conduct. Key points include avoiding ex parte communications, recusing when impartiality is in question, and not using one's position for personal gain. It also outlines general rules in Washington's court rules that judges must know, such as those regarding sealing documents and fee waivers. When handling protection orders, judges are advised to carefully consider requests to exclude a party from their home and properly serve and format exclusion orders. The document concludes with best practices for dealing with self-represented parties in hearings and trials in a fair and impartial manner.
The document discusses the judicial department and powers of courts in the Philippines. It outlines that judicial power is vested in the Supreme Court and lower courts, and generally entails settling legal disputes and determining abuse of power. The Supreme Court has the power of judicial review to interpret laws. It is composed of a Chief Justice and 14 Associate Justices. When a court reaches a decision, a justice writes an opinion certified by the Chief Justice and served to parties.
This document discusses provisions in the Philippine Constitution regarding the independence and structure of the judicial branch. It outlines safeguards for judicial independence including fiscal autonomy, security of tenure, and protections against removal except by impeachment. It also describes the structure of the Supreme Court, which is composed of a Chief Justice and 14 Associate Justices who may sit en banc or in divisions. It provides rules for decisions, requiring a majority for division decisions and concurrence of at least 3 justices.
The document summarizes Pakistan's judicial structure. It begins by defining justice and the purposes of a judicial system, which are to administer justice, resolve disagreements, and perform adjudication, legislation, and execution functions. It then outlines Pakistan's court system, which stems from the British system and requires laws be consistent with Islam. The system includes the Supreme Court, Federal Shariyat Court, four provincial High Courts, civil and criminal subordinate courts, and alternative dispute resolution systems like jirgas. Jirgas are tribal assemblies that decide local issues and remain influential due to Pakistan's strong feudal system.
This document outlines the bylaws of the Central San Pedro Neighborhood Council. It defines the council's name, purpose, boundaries, stakeholders, governing board structure and duties, officers and their duties, committees and duties, meetings, finances, elections, grievance process, parliamentary authority, amendments, and compliance guidelines. Key details include:
- The council represents the Central San Pedro neighborhood of Los Angeles.
- It has a 17 member governing board elected by stakeholders to advise city departments and officials.
- The board has duties like managing funds, collaborating with other councils, and appointing representatives.
- There are 5 executive officers including a president, vice president, secretary, treasurer, and out
Sections 13-16 of Article VIII outline procedures for the Supreme Court of the Philippines related to rendering decisions, maximum time periods for decision making, and annual reporting requirements. Key details include:
1) Decisions must be reached through consultation and the Chief Justice must certify this occurred. Justices must explain non-participation, dissent, or abstention.
2) Decisions must clearly state the facts and law they are based on. Denials require stating the legal basis.
3) Maximum periods of 24 months for the Supreme Court and 12 months for lower courts are set to decide cases from submission.
4) If these periods lapse, a certification is issued and the case remains undecided
1) The document discusses the history and evolution of the Philippine judicial system from pre-Spanish times to the present Supreme Court established under the 1987 Constitution. 2) It also outlines the organization and hierarchy of courts in the Philippines as well as the principles of judicial power, judicial inquiry, and effects of declaring a law unconstitutional. 3) The document provides details on the composition, sitting procedure, and appointment of justices to the Supreme Court as well as the independence and safeguards for the judiciary under the 1987 Constitution.
The document discusses key aspects of the Philippine judiciary system including:
1) The judicial power refers to the authority of courts to declare what the law is and decide cases brought before it.
2) Judicial review allows courts to test the validity of executive and legislative acts against the constitution.
3) The Supreme Court is the highest court composed of a chief justice and 14 associate justices. Qualifications include citizenship, age, and proven competence, integrity and independence.
4) Lower courts include regional trial courts, sandiganbayan, and municipal courts. The Judicial and Bar Council nominates judges and justices.
Philippine Constitution - Article VIII - Judicial DepartmentJohn Paul Espino
Article 8 - VIII - Judicial Department of the Philippines
PREAMBLE
We, the sovereign Filipino people, imploring the aid of Almighty God, in order to build a just and humane society, and establish a Government that shall embody our ideals and aspirations, promote the common good, conserve and develop our patrimony, and secure to ourselves and our posterity, the blessings of independence and democracy under the rule of law and a regime of truth, justice, freedom, love, equality, and peace, do ordain and promulgate this Constitution.
The document discusses the judicial department and powers of Philippine courts according to the 1987 Constitution. It describes the structure and jurisdiction of the Supreme Court, Court of Appeals, regional trial courts, metropolitan trial courts, and other lower courts. It also covers the qualifications of judges, the administrative supervision of courts by the Supreme Court, and the establishment of a Judicial and Bar Council to recommend judicial appointments.
The document outlines the powers of the Supreme Court according to the Philippine Constitution. It discusses:
1) The Supreme Court's original jurisdiction over cases affecting ambassadors and petitions for writs like habeas corpus.
2) Its appellate jurisdiction over cases involving constitutionality of laws and those where only questions of law are involved.
3) Its powers to assign judges, order change of venue, promulgate rules of procedure and appoint judicial officials.
4) Qualification requirements for Supreme Court justices and judges, including Philippine citizenship and legal experience.
The document summarizes the history and organization of the judiciary in the Philippines. It discusses the establishment of the Royal Audiencia by King Felipe II in 1583 as the initial judicial body during Spanish colonization. It then outlines the evolution of the judicial system through periods of Philippine revolution, American rule, Commonwealth, martial law, and the current 1987 Constitution. Key aspects covered include the establishment of the Supreme Court in 1901, different court structures and jurisdictions, and qualifications of judicial members.
1. The judicial power is vested in the Supreme Court and lower courts established by law. Congress has the power to define the jurisdiction of courts but cannot deprive the Supreme Court of its original jurisdiction.
2. The Supreme Court has administrative supervision over all courts and personnel. It must submit an annual report to the President and Congress.
3. Qualifications are outlined for Supreme Court justices and lower court judges including citizenship, age, experience, and competence. Appointments are made by the President from nominees of the Judicial and Bar Council.
Purging Misconduct_Supreme Court on Professional Ethics of advocatesManish Kumar
The Supreme Court of India held that an advocate found guilty of contempt of court cannot appear or plead in any court until they have purged themselves of the contempt. To purge oneself, the advocate must genuinely regret their actions and seek sincere pardon from the court. An apology alone is not enough - it must demonstrate real remorse and commitment to not repeat the offense. Only if accepted by the court as genuine can an advocate be considered purged of contempt. The court also directed trial courts to be informed of any advocate's contempt conviction to enforce the restriction.
The document summarizes the legal profession act of Malaysia which governs the admission to and regulation of the legal profession. It outlines the three stages for entry including qualifications, being called to the bar, and obtaining a practicing certificate. It also describes the requirements and process for qualified persons and articled clerks to enter the profession. The document then discusses the disciplinary process and penalties for advocates and solicitors who violate professional standards.
The document discusses the definition and scope of administrative law. It covers four key aspects - the composition and powers of administrative authorities, limits on their powers, procedures for exercising powers, and mechanisms for controlling authorities. It also discusses reasons for the growth of administrative law due to the expansion of government roles and responsibilities. This has led to issues like overburdened courts, disputes around employment, and the need for specialized tribunals. It further examines concepts like delegated legislation, principles of natural justice, and laws and constitutional provisions aimed at protecting women's rights.
The document outlines the powers and functions of the Commission on Elections (Comelec) according to the 1987 Philippine Constitution. It establishes that Comelec will be composed of a Chairperson and 6 Commissioners who must be natural-born citizens, at least 35 years old, college graduates, and lawyers with 10+ years of practice. It then lists Comelec's powers which include enforcing election laws, deciding election-related cases, registering political parties, investigating fraud, and recommending measures to minimize election spending. Comelec may also deputize law enforcement to ensure free and credible elections.
(1) A Judicial and Bar Council is established to recommend appointees to the judiciary, headed by the Chief Justice. The council is composed of government and private sector representatives.
(2) The regular council members are appointed by the President with Commission on Appointments consent for four-year terms. The Clerk of the Supreme Court serves as Secretary.
(3) The council's principal function is recommending at least three nominees for every judicial vacancy that the President appoints without confirmation within 90 days of submission.
The Philippine Congress is divided into two chambers: the Senate and the House of Representatives. The Senate has 24 senators elected to six-year terms, with half elected every three years. Senators must be natural-born citizens at least 35 years old who can read and write, are registered voters, and have lived in the Philippines for at least two years prior to the election. The House of Representatives has no more than 250 members with three-year terms. Congress has legislative powers like passing bills, oversight of the executive branch, and confirming appointments. It also has non-legislative powers like impeachment and advising and consenting to treaties.
Lok Adalats provide an alternative dispute resolution mechanism in India to reduce pending cases in courts. The National Legal Services Authority monitors and evaluates legal aid programs in India. Lok Adalats have jurisdiction to settle a wide range of pre-litigation cases, including property and family disputes. They have proven effective, with one Lok Adalat in 2013 settling over 71 million cases across India.
This document outlines standards of professional conduct and etiquette for advocates in India. It discusses the noble and honorable role of lawyers in upholding justice and maintaining high ethical standards. The document contains rules adopted by the Bar Council of India and Bar Council of Delhi regarding professional responsibilities. These rules cover duties to the court such as maintaining dignity and respect, as well as duties to clients such as accepting briefs, avoiding conflicts of interest, and not buying claims connected to cases. Upholding integrity and fulfilling professional obligations with competence and honesty is emphasized.
This document summarizes a panel discussion on legal ethics between lawyers, judges, and mediation specialists. The panel addressed common questions that non-lawyers have about the ethical rules and guidelines that govern lawyers' and judges' conduct. Some of the key issues discussed include the proper scope of lawyers' duties of loyalty, candor and advocacy to clients; conflicts of interest; impartiality of judges; and the prohibition on ex parte communications. The panel provided explanations of the applicable rules on topics such as settlement negotiations, multiple representation, closing arguments, gifts to judges and staff, delays in litigation, criminal threats, investigations, and independent fact-finding by judges.
This document provides guidance for new judges on ethics, general rules, and protection orders. It discusses the Code of Judicial Conduct which establishes standards for ethical conduct. Key points include avoiding ex parte communications, recusing when impartiality is in question, and not using one's position for personal gain. It also outlines general rules in Washington's court rules that judges must know, such as those regarding sealing documents and fee waivers. When handling protection orders, judges are advised to carefully consider requests to exclude a party from their home and properly serve and format exclusion orders. The document concludes with best practices for dealing with self-represented parties in hearings and trials in a fair and impartial manner.
This document provides the International Principles on Conduct for the Legal Profession adopted by the International Bar Association in 2011. It begins with an introduction and overview of the principles. It then lists the 10 principles which cover issues like independence, honesty, conflicts of interest, confidentiality, competence and fees. After each principle is a brief explanatory note providing context. It acknowledges there are differences in how various jurisdictions apply and interpret the principles.
The document discusses the Code of Responsibility for lawyers in the Philippines. It provides definitions for key concepts like "good moral character" and outlines the code's 22 canons. It also describes how lawyers can be disciplined or disbarred for violating the code through lack of good moral character or negligence in handling client's cases. Specifically, it summarizes a case where a lawyer was suspended for 1 year for negligence that led to the dismissal of a client's petition before the Supreme Court and failing to inform clients of the dismissal for 3 years.
The document discusses the concept of natural justice, which refers to fairness in legal procedures. It provides three key principles of natural justice: 1) all parties must be given notice and opportunity to be heard, 2) the decision maker must be unbiased with no personal stake in the outcome, and 3) the decision must be based on evidence disclosed to all parties. It also gives examples from case law where these principles were violated, such as when one party was not allowed to present their case fully or the decision maker had prior involvement in the dispute. Natural justice aims to ensure fair and unbiased decision making through adherence to procedural fairness.
Insider Lease Agreements (Series: Ethical Issues in Real Estate-Based Bankrup...Financial Poise
It is a common play in real estate to create a separate operating entity to serve as a tenant and execute a lease between the owner of the property and himself. Typically, this happens in assets which serve as a real estate-based business, such as a retail property. The structure enables the operator to reduce the taxable income of the business and also provide a liability shield for the property owner. This arrangement can lead to some ethical issues should the property owner become distressed. For example, is the lease amount above market and therefore being used to inflate the property valuation? Is rent actually being paid? Is there a proper lease in place or just an internal handshake? Attorneys need to understand the set-up in order to know what is in bounds and what is outside the lines. This webinar looks at this leasing structure and examines the issues that may arise.
To listen to this webinar on-demand, go to: https://www.financialpoise.com/financial-poise-webinars/insider-lease-agreements-2020/
Single Asset Real Estate Cases (Series: Ethical Issues in Real Estate-Based B...Financial Poise
Anyone involved in the field of creditors rights on a matter involving an LLC that exists solely to hold the principal asset has surely seen the play where, the night before property is scheduled to be sold at a foreclosure auction, the debtor files bankruptcy. For those not familiar with the process, doing so invokes the “Automatic Stay”, which prohibits the secured lender from foreclosing on the property. The debtor then attempts to make their case to the court for reorganization. But is failing to pay your mortgage really something bankruptcy was meant to solve? If the bank was going to agree to a loan modification, wouldn’t the parities have worked something out by the time the sheriff sale was set? The bankruptcy code recognizes this and therefore has a section devoted to dealing with this specific kind of bankruptcy—the Single Asset Real Estate (“SARE”) case. The goal of this episode is to look into ethical issues surrounding these matters.
To listen to this webinar on-demand, go to: https://www.financialpoise.com/financial-poise-webinars/single-asset-real-estate-cases-2020/
ethics and duties of counsel presentationKauselyaRaju
The document discusses the Bar Council, which was established to properly manage the affairs of the Malaysian Bar. The Bar Council consists of the immediate past president, vice president, state bar committee chairs and members, and elected members. It has the power to manage the Malaysian Bar's funds and affairs. The Bar Council can make rules, answer legal questions, review legislation, represent members, award scholarships, hire staff, acquire premises, communicate with other bars, conduct legal proceedings, invest funds, borrow money, and exercise other powers. The document also discusses the privileges of advocates and solicitors, complaints against lawyers, and the need for legal ethics to regulate the profession and maintain public confidence. It notes ethics are taught in law schools but there are
Blue and Brown Elegant Editorial Startup Weekend Sponsorship Pitch Deck Pre_2...Kunal90346
The document discusses professional ethics for advocates in India. It outlines the duties of advocates towards the court, clients, fellow advocates, opponents, and society. Advocates must act with honesty, integrity and respect. They are governed by codes like the Advocates Act and rules set by the Bar Council of India to regulate conduct and ensure ethical practice. Upholding professional ethics is crucial for maintaining standards and public trust in the legal system.
The document is a letter responding to a complaint made against District Judge Asplin. It summarizes the original complaint which included three points: 1) The reasons given for striking out the case differed from those given at the hearing. 2) The judge was bullying by rolling his eyes and insulting intelligence. 3) A request for a hearing agenda was refused. The response dismisses points 1 and 2, stating the complaints cannot be investigated or require disciplinary action. For point 3, it states the complainant should contact the court manager. The complainant disagrees with the dismissal and provides further explanation for why each point indicates a violation of judicial conduct standards.
This document outlines the advantages and disadvantages of an impartial judiciary in traditional and western Nigerian societies. It discusses key concepts like judicial independence and impartiality. The pros of an impartial judiciary include the concept of separation of powers, while the cons include issues like case backlogs, corruption, difficulties for common people to access courts, and a lack of effective cooperation with society. In conclusion, the document states that building a more just justice system is important, and that all stakeholders must work consistently to achieve full judicial independence.
The document discusses the importance and functions of the judiciary. It notes that the judiciary is the third organ of government responsible for applying laws to specific cases and settling disputes. Its key functions include giving justice, interpreting and applying laws, playing a role in law-making through precedents, protecting rights, and acting as guardian of the constitution. An independent judiciary is important as it protects citizens from legislative and executive overreach and ensures the rule of law. The document also examines different methods of appointing judges to ensure judicial independence and impartiality.
This document summarizes ethics rules regarding technology and the practice of law. It discusses limits on fee-sharing with non-lawyers, paying for referrals, online legal document preparation, unauthorized practice of law, illegal investigations, communications with represented persons, viewing public social media information, marketing on social media, responding to negative reviews, preserving evidence, protecting client confidentiality, handling client funds, and receiving payments. The document provides guidance to lawyers on complying with ethics rules when using technology in legal practice.
Mooting involves simulating a court hearing where participants research and argue legal issues. The procedure imitates real courts with oral arguments presented to a judge. Mooting enhances advocacy, legal research, and writing skills and allows students to demonstrate these abilities to potential employers. It can be challenging but rewarding. Some tips for mooting include engaging with the judge, asking for clarification of questions, applying legal principles to facts, being familiar with referenced materials, and managing time based on judicial intervention.
Business law for the students of undergraduate level. The presentation contains the summary of all the chapters under the syllabus of State University, Contract Act, Sale of Goods Act, Negotiable Instrument Act, Partnership Act, Limited Liability Act, Consumer Protection Act.
Matthew Professional CV experienced Government LiaisonMattGardner52
As an experienced Government Liaison, I have demonstrated expertise in Corporate Governance. My skill set includes senior-level management in Contract Management, Legal Support, and Diplomatic Relations. I have also gained proficiency as a Corporate Liaison, utilizing my strong background in accounting, finance, and legal, with a Bachelor's degree (B.A.) from California State University. My Administrative Skills further strengthen my ability to contribute to the growth and success of any organization.
The Future of Criminal Defense Lawyer in India.pdfveteranlegal
https://veteranlegal.in/defense-lawyer-in-india/ | Criminal defense Lawyer in India has always been a vital aspect of the country's legal system. As defenders of justice, criminal Defense Lawyer play a critical role in ensuring that individuals accused of crimes receive a fair trial and that their constitutional rights are protected. As India evolves socially, economically, and technologically, the role and future of criminal Defense Lawyer are also undergoing significant changes. This comprehensive blog explores the current landscape, challenges, technological advancements, and prospects for criminal Defense Lawyer in India.
Receivership and liquidation Accounts
Being a Paper Presented at Business Recovery and Insolvency Practitioners Association of Nigeria (BRIPAN) on Friday, August 18, 2023.
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1. 1
THE BANGALORE PRINCIPLES
OF JUDICIAL CONDUCT
2002
(The Bangalore Draft Code of Judicial Conduct 2001
adopted by the Judicial Group on Strengthening Judicial Integrity,
as revised at the Round Table Meeting of Chief Justices
held at the Peace Palace, The Hague, November 25-26, 2002)
2. 2
Preamble
WHEREAS the Universal Declaration of Human Rights recognizes as fundamental the
principle that everyone is entitled in full equality to a fair and public hearing by an independent
and impartial tribunal, in the determination of rights and obligations and of any criminal charge.
WHEREAS the International Covenant on Civil and Political Rights guarantees that all persons
shall be equal before the courts, and that in the determination of any criminal charge or of rights
and obligations in a suit at law, everyone shall be entitled, without undue delay, to a fair and
public hearing by a competent, independent and impartial tribunal established by law.
WHEREAS the foregoing fundamental principles and rights are also recognized or reflected in
regional human rights instruments, in domestic constitutional, statutory and common law, and in
judicial conventions and traditions.
WHEREAS the importance of a competent, independent and impartial judiciary to the
protection of human rights is given emphasis by the fact that the implementation of all the other
rights ultimately depends upon the proper administration of justice.
WHEREAS a competent, independent and impartial judiciary is likewise essential if the courts
are to fulfil their role in upholding constitutionalism and the rule of law.
WHEREAS public confidence in the judicial system and in the moral authority and integrity of
the judiciary is of the utmost importance in a modern democratic society.
WHEREAS it is essential that judges, individually and collectively, respect and honour judicial
office as a public trust and strive to enhance and maintain confidence in the judicial system.
WHEREAS the primary responsibility for the promotion and maintenance of high standards of
judicial conduct lies with the judiciary in each country.
AND WHEREAS the United Nations Basic Principles on the Independence of the Judiciary are
designed to secure and promote the independence of the judiciary, and are addressed primarily
to States.
THE FOLLOWING PRINCIPLES are intended to establish standards for ethical conduct of
judges. They are designed to provide guidance to judges and to afford the judiciary a framework
for regulating judicial conduct. They are also intended to assist members of the executive and
the legislature, and lawyers and the public in general, to better understand and support the
judiciary. These principles presuppose that judges are accountable for their conduct to
appropriate institutions established to maintain judicial standards, which are themselves
independent and impartial, and are intended to supplement and not to derogate from existing
rules of law and conduct which bind the judge.
3. 3
Value 1:
INDEPENDENCE
Principle:
Judicial independence is a pre-requisite to the rule of law and a fundamental guarantee of a fair trial. A
judge shall therefore uphold and exemplify judicial independence in both its individual and institutional
aspects.
Application:
1.1 A judge shall exercise the judicial function independently on the basis of the judge's
assessment of the facts and in accordance with a conscientious understanding of the
law, free of any extraneous influences, inducements, pressures, threats or interference,
direct or indirect, from any quarter or for any reason.
1.2 A judge shall be independent in relation to society in general and in relation to the
particular parties to a dispute which the judge has to adjudicate.
1.3 A judge shall not only be free from inappropriate connections with, and influence by,
the executive and legislative branches of government, but must also appear to a
reasonable observer to be free therefrom.
1.4 In performing judicial duties, a judge shall be independent of judicial colleagues in
respect of decisions which the judge is obliged to make independently.
1.5 A judge shall encourage and uphold safeguards for the discharge of judicial duties in
order to maintain and enhance the institutional and operational independence of the
judiciary.
1.6 A judge shall exhibit and promote high standards of judicial conduct in order to
reinforce public confidence in the judiciary which is fundamental to the maintenance of
judicial independence.
Value 2:
IMPARTIALITY
Principle:
Impartiality is essential to the proper discharge of the judicial office. It applies not only to the
decision itself but also to the process by which the decision is made.
Application:
2.1 A judge shall perform his or her judicial duties without favour, bias or prejudice.
2.2 A judge shall ensure that his or her conduct, both in and out of court, maintains and
enhances the confidence of the public, the legal profession and litigants in the
impartiality of the judge and of the judiciary.
4. 4
2.3 A judge shall, so far as is reasonable, so conduct himself or herself as to minimise the
occasions on which it will be necessary for the judge to be disqualified from hearing or
deciding cases.
2.4 A judge shall not knowingly, while a proceeding is before, or could come before, the
judge, make any comment that might reasonably be expected to affect the outcome of
such proceeding or impair the manifest fairness of the process. Nor shall the judge
make any comment in public or otherwise that might affect the fair trial of any person
or issue.
2.5 A judge shall disqualify himself or herself from participating in any proceedings in
which the judge is unable to decide the matter impartially or in which it may appear to a
reasonable observer that the judge is unable to decide the matter impartially. Such
proceedings include, but are not limited to, instances where
2.5.1 the judge has actual bias or prejudice concerning a party or
personal knowledge of disputed evidentiary facts concerning the
proceedings;
2.5.2 the judge previously served as a lawyer or was a material
witness in the matter in controversy; or
2.5.3 the judge, or a member of the judge's family, has an economic
interest in the outcome of the matter in controversy:
Provided that disqualification of a judge shall not be required if no other
tribunal can be constituted to deal with the case or, because of urgent circumstances,
failure to act could lead to a serious miscarriage of justice.
Value 3:
INTEGRITY
Principle:
Integrity is essential to the proper discharge of the judicial office.
Application:
3.1 A judge shall ensure that his or her conduct is above reproach in the view of a
reasonable observer.
3.2 The behaviour and conduct of a judge must reaffirm the people's faith in the integrity of
the judiciary. Justice must not merely be done but must also be seen to be done.
Value 4:
PROPRIETY
Principle:
Propriety, and the appearance of propriety, are essential to the performance
of all of the activities of a judge.
5. 5
Application:
4.1 A judge shall avoid impropriety and the appearance of impropriety in all of the judge's
activities.
4.2. As a subject of constant public scrutiny, a judge must accept personal restrictions that
might be viewed as burdensome by the ordinary citizen and should do so freely and
willingly. In particular, a judge shall conduct himself or herself in a way that is
consistent with the dignity of the judicial office.
4.3. A judge shall, in his or her personal relations with individual members of the legal
profession who practise regularly in the judge's court, avoid situations which might
reasonably give rise to the suspicion or appearance of favouritism or partiality.
4.4 A judge shall not participate in the determination of a case in which any member of the
judge's family represents a litigant or is associated in any manner with the case.
4.5 A judge shall not allow the use of the judge's residence by a member of the legal
profession to receive clients or other members of the legal profession.
4.6 A judge, like any other citizen, is entitled to freedom of expression, belief, association
and assembly, but in exercising such rights, a judge shall always conduct himself or
herself in such a manner as to preserve the dignity of the judicial office and the
impartiality and independence of the judiciary.
4.7 A judge shall inform himself or herself about the judge's personal and fiduciary
financial interests and shall make reasonable efforts to be informed about the financial
interests of members of the judge's family.
4.8 A judge shall not allow the judge's family, social or other relationships improperly to
influence the judge's judicial conduct and judgment as a judge.
4.9 A judge shall not use or lend the prestige of the judicial office to advance the private
interests of the judge, a member of the judge's family or of anyone else, nor shall a
judge convey or permit others to convey the impression that anyone is in a special
position improperly to influence the judge in the performance of judicial duties.
4.10 Confidential information acquired by a judge in the judge's judicial capacity shall not be
used or disclosed by the judge for any other purpose not related to the judge's judicial
duties.
4.11 Subject to the proper performance of judicial duties, a judge may:
4.11.1 write, lecture, teach and participate in activities concerning the law, the legal
system, the administration of justice or related matters;
4.11.2 appear at a public hearing before an official body concerned with matters relating to the
law, the legal system, the administration of justice or related matters;
4.11.3 serve as a member of an official body, or other government
commission, committee or advisory body, if such membership is not
6. 6
inconsistent with the perceived impartiality and political neutrality of a judge;
or
4.11.4 engage in other activities if such activities do not detract from the dignity of the
judicial office or otherwise interfere with the performance of judicial duties.
4.12 A judge shall not practise law whilst the holder of judicial office.
4.13 A judge may form or join associations of judges or participate in other organisations
representing the interests of judges.
4.14 A judge and members of the judge's family, shall neither ask for, nor accept, any gift,
bequest, loan or favour in relation to anything done or to be done or omitted to be done
by the judge in connection with the performance of judicial duties.
4.15 A judge shall not knowingly permit court staff or others subject to the judge's influence,
direction or authority, to ask for, or accept, any gift, bequest, loan or favour in relation
to anything done or to be done or omitted to be done in connection with his or her duties
or functions.
4.16 Subject to law and to any legal requirements of public disclosure, a judge may receive a
token gift, award or benefit as appropriate to the occasion on which it is made provided
that such gift, award or benefit might not reasonably be perceived as intended to
influence the judge in the performance of judicial duties or otherwise give rise to an
appearance of partiality.
Value 5:
EQUALITY
Principle:
Ensuring equality of treatment to all before the courts is essential to the
due performance of the judicial office.
Application:
5.1 A judge shall be aware of, and understand, diversity in society and differences arising
from various sources, including but not limited to race, colour, sex, religion, national
origin, caste, disability, age, marital status, sexual orientation, social and economic
status and other like causes ("irrelevant grounds").
5.2 A judge shall not, in the performance of judicial duties, by words or conduct, manifest
bias or prejudice towards any person or group on irrelevant grounds.
5.3 A judge shall carry out judicial duties with appropriate consideration for all persons,
such as the parties, witnesses, lawyers, court staff and judicial colleagues, without
differentiation on any irrelevant ground, immaterial to the proper performance of such
duties.
7. 7
5.4 A judge shall not knowingly permit court staff or others subject to the judge's influence,
direction or control to differentiate between persons concerned, in a matter before the
judge, on any irrelevant ground.
5.5 A judge shall require lawyers in proceedings before the court to refrain from
manifesting, by words or conduct, bias or prejudice based on irrelevant grounds, except
such as are legally relevant to an issue in proceedings and may be the subject of
legitimate advocacy.
.
Value 6:
COMPETENCE AND DILIGENCE
Principle:
Competence and diligence are prerequisites to the due performance of judicial office.
Application:
6.1 The judicial duties of a judge take precedence over all other activities.
6.2 A judge shall devote the judge's professional activity to judicial duties, which include
not only the performance of judicial functions and responsibilities in court and the
making of decisions, but also other tasks relevant to the judicial office or the court's
operations.
6.3 A judge shall take reasonable steps to maintain and enhance the judge's knowledge,
skills and personal qualities necessary for the proper performance of judicial duties,
taking advantage for this purpose of the training and other facilities which should be
made available, under judicial control, to judges.
6.4 A judge shall keep himself or herself informed about relevant developments of
international law, including international conventions and other instruments establishing
human rights norms.
6.5 A judge shall perform all judicial duties, including the delivery of reserved decisions,
efficiently, fairly and with reasonable promptness.
6.6 A judge shall maintain order and decorum in all proceedings before the court and be
patient, dignified and courteous in relation to litigants, jurors, witnesses, lawyers and
others with whom the judge deals in an official capacity. The judge shall require similar
conduct of legal representatives, court staff and others subject to the judge's influence,
direction or control.
6.7 A judge shall not engage in conduct incompatible with the diligent discharge of judicial
duties.
IMPLEMENTATION
8. 8
By reason of the nature of judicial office, effective measures shall be adopted by national
judiciaries to provide mechanisms to implement these principles if such mechanisms are not
already in existence in their jurisdictions.
DEFINITIONS
In this statement of principles, unless the context otherwise permits or requires, the following
meanings shall be attributed to the words used:
"Court staff" includes the personal staff of the judge including law clerks.
"Judge" means any person exercising judicial power, however designated.
"Judge's family" includes a judge's spouse, son, daughter, son-in-law, daughter-in-law, and any
other close relative or person who is a companion or employee of the judge and who lives in the
judge's household.
"Judge's spouse" includes a domestic partner of the judge or any other person of either sex in a
close personal relationship with the judge.
9. 9
Explanatory Note
1. At its first meeting held in Vienna in April 2000 on the invitation of the United Nations
Centre for International Crime Prevention, and in conjunction with the 10th
United Nations
Congress on the Prevention of Crime and the Treatment of Offenders, the Judicial Group on
Strengthening Judicial Integrity (comprising Chief Justice Latifur Rahman of Bangladesh, Chief
Justice Bhaskar Rao of Karnataka State in India, Justice Govind Bahadur Shrestha of Nepal,
Chief Justice Uwais of Nigeria, Deputy Vice-President Langa of the Constitutional Court of
South Africa, Chief Justice Nyalali of Tanzania, and Justice Odoki of Uganda, meeting under
the chairmanship of Judge Christopher Weeramantry, Vice-President of the International Court
of Justice, with Justice Michael Kirby of the High Court of Australia as rapporteur, and with the
participation of Dato' Param Cumaraswamy, UN Special Rapporteur on the Independence of
Judges and Lawyers) recognized the need for a code against which the conduct of judicial
officers may be measured. Accordingly, the Judicial Group requested that codes of judicial
conduct which had been adopted in some jurisdictions be analyzed, and a report be prepared by
the Co-ordinator of the Judicial Integrity Programme, Dr Nihal Jayawickrama, concerning: (a)
the core considerations which recur in such codes; and (b) the optional or additional
considerations which occur in some, but not all, such codes and which may or may not be
suitable for adoption in particular countries.
2. In preparing a draft code of judicial conduct in accordance with the directions set out
above, reference was made to several existing codes and international instruments including, in
particular, the following:
(a) The Code of Judicial Conduct adopted by the House of Delegates of the American Bar
Association, August 1972.
(b) Declaration of Principles of Judicial Independence issued by the Chief Justices of the
Australian States and Territories, April 1997.
(c) Code of Conduct for the Judges of the Supreme Court of Bangladesh, prescribed by the
Supreme Judicial Council in the exercise of power under Article 96(4)(a) of the
Constitution of the People's Republic of Bangladesh, May 2000.
(d) Ethical Principles for Judges, drafted with the cooperation of the Canadian Judges
Conference and endorsed by the Canadian Judicial Council, 1998.
(e) The European Charter on the Statute for Judges, Council of Europe, July 1998.
(f) The Idaho Code of Judicial Conduct 1976.
(g) Restatement of Values of Judicial Life adopted by the Chief Justices Conference of
India, 1999.
(h) The Iowa Code of Judicial Conduct.
(i) Code of Conduct for Judicial Officers of Kenya, July 1999.
(j) The Judges' Code of Ethics of Malaysia, prescribed by the Yang di-Pertuan Agong on
the recommendation of the Chief Justice, the President of the Court of Appeal and the
Chief Judges of the High Courts, in the exercise of powers conferred by Article
125(3A) of the Federal Constitution of Malaysia, 1994.
(k) The Code of Conduct for Magistrates in Namibia.
(l) Rules Governing Judicial Conduct, New York State, USA.
(m) Code of Conduct for Judicial Officers of the Federal Republic of Nigeria.
(n) Code of Conduct to be observed by Judges of the Supreme Court and of the High
Courts of Pakistan.
(o) The Code of Judicial Conduct of the Philippines, September 1989.
10. 10
(p) The Canons of Judicial Ethics of the Philippines, proposed by the Philippines Bar
Association, approved by the Judges of First Instance of Manila, and adopted for the
guidance of and observance by the judges under the administrative supervision of the
Supreme Court, including municipal judges and city judges.
(q) Yandina Statement: Principles of Independence of the Judiciary in Solomon Islands,
November 2000.
(r) Guidelines for Judges of South Africa, issued by the Chief Justice, the President of the
Constitutional Court, and the Presidents of High Courts, the Labour Appeal Court, and
the Land Claims Court, March 2000.
(s) Code of Conduct for Judicial Officers of Tanzania, adopted by the Judges and
Magistrates Conference, 1984.
(t) The Texas Code of Judicial Conduct
(u) Code of Conduct for Judges, Magistrates and Other Judicial Officers of Uganda,
adopted by the Judges of the Supreme Court and the High Court, July 1989.
(v) The Code of Conduct of the Judicial Conference of the United States.
(w) The Canons of Judicial Conduct for the Commonwealth of Virginia, adopted and
promulgated by the Supreme Court of Virginia, 1998.
(x) The Code of Judicial Conduct adopted by the Supreme Court of the State of
Washington, USA, October 1995.
(y) The Judicial (Code of Conduct) Act, enacted by the Parliament of Zambia, December
1999.
(z) Draft Principles on the Independence of the Judiciary ("Siracusa Principles"), prepared
by a committee of experts convened by the International Association of Penal Law, the
International Commission of Jurists, and the Centre for the Independence of Judges and
Lawyers, 1981.
(aa) Minimum Standards of Judicial Independence adopted by the International Bar
Association, 1982.
(bb) United Nations Basic Principles on the Independence of the Judiciary, endorsed by the
UN General Assembly, 1985.
(cc) Draft Universal Declaration on the Independence of Justice ("Singhvi Declaration")
prepared by Mr L.V. Singhvi, UN Special Rapporteur on the Study on the Independence
of the Judiciary, 1989.
(dd) The Beijing Statement of Principles of the Independence of the Judiciary in the Lawasia
Region, adopted by the 6th
Conference of Chief Justices, August 1997.
(ee) The Latimer House Guidelines for the Commonwealth on good practice governing
relations between the Executive, Parliament and the Judiciary in the promotion of good
governance, the rule of law and human rights to ensure the effective implementation of
the Harare Principles, 1998.
(ff) The Policy Framework for Preventing and Eliminating Corruption and Ensuring the
Impartiality of the Judicial System, adopted by the expert group convened by the Centre
for the Independence of Judges and Lawyers, February 2000.
At its second meeting held in Bangalore in February 2001, the Judicial Group (comprising Chief
Justice Mainur Reza Chowdhury of Bangladesh, Justice Claire L'Heureux Dube of Canada,
Chief Justice Reddi of Karnataka State in India, Chief Justice Upadhyay of Nepal, Chief Justice
Uwais of Nigeria, Deputy Chief Justice Langa of South Africa, Chief Justice Silva of Sri Lanka,
Chief Justice Samatta of Tanzania, and Chief Justice Odoki of Uganda, meeting under the
chairmanship of Judge Weeramantry, with Justice Kirby as rapporteur, and with the
participation of the UN Special Rapporteur and Justice Bhagwati, Chairman of the UN Human
Rights Committee, representing the UN High Commissioner for Human Rights) proceeding by
11. 11
way of examination of the draft placed before it, identified the core values, formulated the
relevant principles, and agreed on the Bangalore Draft Code of Judicial Conduct. The Judicial
Group recognized, however, that since the Bangalore Draft had been developed by judges
drawn principally from common law countries, it was essential that it be scrutinized by judges
of other legal traditions to enable it to assume the status of a duly authenticated international
code of judicial conduct.
The Bangalore Draft was widely disseminated among judges of both common law and civil law
systems and discussed at several judicial conferences. In June 2002, it was reviewed by the
Working Party of the Consultative Council of European Judges (CCJE-GT), comprising Vice-
President Reissner of the Austrian Association of Judges, Judge Fremr of the High Court in the
Czech Republic, President Lacabarats of the Cour d'Appel de Paris in France, Judge Mallmann
of the Federal Administrative Court of Germany, Magistrate Sabato of Italy, Judge Virgilijus of
the Lithuanian Court of Appeal, Premier Conseiller Wiwinius of the Cour d'Appel of
Luxembourg, Juge Conseiller Afonso of the Court of Appeal of Portugal, Justice Ogrizek of the
Supreme Court of Slovenia, President Hirschfeldt of the Svea Court of Appeal in Sweden, and
Lord Justice Mance of the United Kingdom. On the initiative of the American Bar Association,
the Bangalore Draft was translated into the national languages, and reviewed by judges, of the
Central and Eastern European countries; in particular, of Bosnia-Herzegovina, Bulgaria,
Croatia, Kosovo, Romania, Serbia and Slovakia.
The Bangalore Draft was revised in the light of the comments received from CCJE-GT and
others referred to above; Opinion no.1 (2001) of CCJE on standards concerning the
independence of the judiciary; the draft Opinion of CCJE on the principles and rules governing
judges' professional conduct, in particular ethics, incompatible behaviour and impartiality; and
by reference to more recent codes of judicial conduct including the Guide to Judicial Conduct
published by the Council of Chief Justices of Australia in June 2002, the Model Rules of
Conduct for Judges of the Baltic States, the Code of Judicial Ethics for Judges of the People's
Republic of China, and the Code of Judicial Ethics of the Macedonian Judges Association.
The revised Bangalore Draft was placed before a Round-Table Meeting of Chief Justices (or
their representatives) from the civil law system, held in the Peace Palace in The Hague,
Netherlands, in November 2002, with Judge Weeramantry presiding. Those participating were
Judge Vladimir de Freitas of the Federal Court of Appeal of Brazil, Chief Justice Iva Brozova of
the Supreme Court of the Czech Republic, Chief Justice Mohammad Fathy Naguib of the
Supreme Constitutional Court of Egypt, Conseillere Christine Chanet of the Cour de Cassation
of France, President Genaro David Gongora Pimentel of the Suprema Corte de Justicia de la
Nacion of Mexico, President Mario Mangaze of the Supreme Court of Mozambique, President
Pim Haak of the Hoge Raad der Nederlanden, Justice Trond Dolva of the Supreme Court of
Norway, and Chief Justice Hilario Davide of the Supreme Court of the Philippines. Also
participating in one session were the following Judges of the International Court of Justice:
Judge Ranjeva (Madagascar), Judge Herczegh (Hungary), Judge Fleischhauer (Germany), Judge
Koroma (Sierra Leone), Judge Higgins (United Kingdom), Judge Rezek (Brazil), Judge Elaraby
(Egypt), and Ad-Hoc Judge Frank (USA). The UN Special Rapporteur was in attendance. The
"Bangalore Principles of Judicial Conduct" was the product of this meeting.