Judicial Officers' Fraud and Corruption Advanced Course 

Session 1: Judicial Ethics

Part 1 - Introduction to the course outline, objectives, learning outcomes and an overview of the relevant resource pages on the Federal Court website.

Part 2 - Presentation by Justice Rangajeeva Wimalasena, President of the Nauru Court of Appeal - Overview and commentary on the substance and application of the Bangalore Principles; inference and bias mitigation presented at the Advanced Judicial Officers’ Fraud and Corruption Workshop in Port Vila, Vanuatu, 12-14 March, 2024.

The presentation discusses:

  • Article 11 of the United Nations Convention Against Corruption (UNCAC)
  • UNCAC signature and ratification status
  • Disclosure of financial interests
  • Bangalore Principles and relevant commentary
  • Assignment of cases
  • Relations with media

Presentation

Part 1: Introduction to the course outline, objectives, learning outcomes and an overview of the relevant resource pages on the Federal Court website

Part 2: Overview and commentary on the substance & application of the Bangalore principles; inference and bias mitigation

 

PDF  Judicial ethics presentation (PDF, 1.34 MB)

Readings

Important Questions to Consider regarding Judicial Ethics

  • Does your Court have a judicial code of conduct?
  • Does your Court have an independent process to determine complaints against judicial officers? 
  • Why are the Bangalore Principles important?

Additional resources

Ethical Scenarios

Read the following scenarios. They all concern conduct of a judicial officer. You need to determine if the conduct breaches the Bangalore Principles and if so, which of the Bangalore Principles and why.

Scenario 1:
In a small town where only a handful of lawyers practice, you work as a Magistrate. Your partner has been one of the few legal practitioners practicing in that town even before you started the relationship. Can you preside over a case in which your partner represents a party as a lawyer?

Bangalore Principles: Propriety (Value 4) - Propriety, and the appearance of propriety, are essential to the performance of all of the activities of a judge.

Bangalore Principles Value 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.

Commentary of the Bangalore Principles :128. A judge is ordinarily required to recuse himself or herself if any member of the judge’s family (including a fiancé or fiancée) has participated or has entered an appearance as counsel.

The principles are very clear. You should not leave room for such circumstances.

Scenario 2:
When you are newly posted in a town as a Magistrate, you receive a Christmas hamper full of luxury items and drinks from a politician in the area. You are told by the registry staff that it has been the practice of the politician to give Christmas hampers to the public officials in the area as a gesture of goodwill. What should you do?

Bangalore Principles value 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.

A judicial officer should not receive gift from a politician under any circumstances as it could give rise to an appearance of partiality. Also, it could gravely affect the principles of independence, impartiality and integrity. The gift should be courteously returned.

Scenario 3:
Your uncle, the chief of a village, invites you to join him and close relatives and friends for a customary traditional drink. During the gathering, he introduces you to someone and asks for your help. That person seeks legal advice from you regarding a case not heard by you, but by a colleague of yours. What should you do as a judicial officer?

Bangalore Principles value 4.12: A judge shall not practise law whilst the holder of judicial office.

Commentary of the Bangalore Principles: Legal advice to family members: 174. A judge should not give legal advice. However, in the case of close family members or close friends, the judge may offer personal advice on a friendly, informal basis, without remuneration, while making it clear that he or she must not be treated as giving legal advice and that, if necessary, any legal advice needed should be professionally sought.

However, this is a case where that person wants to discuss about a case handled by a colleague of yours. You should not definitely discuss about such matters or give legal advice. You should courteously explain him that you are not supposed to discuss such matters and advise him to see a lawyer.