Latest update April 25th, 2024 12:59 AM
Oct 10, 2021 News
The Court Journal…
By Renay Sambach
Kaieteur News – On Tuesday, the second edition of Code of Ethics for Judicial Officers was launched in Guyana. The Code of Ethics contains principles and rules which all persons who administer justice are required to observe in their day-to-day relationship with the legal profession and the public. It also outlines the standard of ethical conduct of all judicial officers and in particular, key values by which a judicial officer is expected to live and work. They are propriety, independence, integrity, impartiality, equality and competence, and diligence.
The second edition/revised Code of Ethics was launched 18 years after the first edition was launched in Guyana.
The Judicial Officers who worked on the revised Code of Ethics are: Justice Dawn Gregory, Justice Jo Ann Barlow, Justice Priya Sewnarine-Beharry, Principle Magistrate Sherdel Isaacs-Marcus, Principle Magistrate Judy Latchman and Senior Magistrate Leron Daly. The committee was headed by Justice Nareshwar Harnanan.
The following information was taken from the second edition of the Code of Ethics for Judicial Officers.
PROPRIETY
According to the Code of Ethics for Judicial Officers, propriety and the appearance of propriety are essential to the performance of all of the activities of a judicial officer.
Two principles listed are: a judicial officer shall avoid impropriety and the appearance of impropriety in all of his or her activities and as the object of constant public scrutiny, a judicial officer must accept such personal restrictions of their activities as are consonant with the office. In particular, a judicial officer shall conduct himself or herself in a way that is consistent with the dignity of the office.
It was also stated that a judicial officer must not be a member of a political party; engage in political fundraising; attend political gatherings and political fund-raising events; contribute to political parties or their campaigns or take part publicly in controversial discussions of a partisan, political character.
“The Bangalore Principles of Judicial Conduct and its commentaries, this Code and other regional and international codes of judicial conduct and judicial ethics apply to judicial officers’ digital lives as much as to their real lives,” the Code of Ethics highlighted.
It was further stated that Judicial officers, like every citizen of Guyana, are entitled to freedom of expression, belief, association and assembly.
However, they are required to always conduct themselves in a manner which upholds the dignity of their office and maintains the impartiality and independence of the judiciary.
According to the second edition of the code, the way a judicial officer uses social media may have an impact on the public perception of all judicial officers and confidence in the judicial system.
INDEPENDENCE
An independent judiciary is indispensable to impartial justice under the law. A judicial officer should therefore participate in establishing, maintaining and enforcing high standards of conduct. He or she shall personally observe those standards so that the integrity and independence of the judiciary in both its individual and institutional aspects will be preserved. This is according to the Code of Ethics.
Two principles of independence are: a judicial
officer shall exhibit and promote high standards of judicial conduct in order to reinforce public confidence which is fundamental to the maintenance of judicial independence and in performing judicial duties, a judicial officer shall, within the judicial officer’s own court, be independent of judicial colleagues in respect of decisions which the judicial officer is obliged to make independently.
INTEGRITY
Integrity is necessary for the proper and effective discharge of the judicial office. Judicial officers must conduct themselves respectfully and with integrity to maintain and enhance public confidence in the judiciary.
To this end, it was stated that a judicial officer must facilitate access to justice for all. Judicial officers must carry out their duties with appropriate consideration for all the parties, whether or not they are represented, and ensure that they are treated fairly and with civility, so as to provide them with reasonable access to court processes.
Another principle listed under integrity is that judicial officers must not engage in any form of harassment and abuse of authority or status.
IMPARTIALITY
Impartiality is essential to the proper discharge of the judicial office. It applies not only to the making of a decision itself but also to the process by which the decision is made.
A judicial officer shall perform his or her judicial duties without favour, bias or prejudice.
To ensure impartiality, a judicial officer shall disqualify himself or herself from any proceedings in which there may be a reasonable perception of a lack of impartiality of
the judicial officer including, but not limited to instances where: the judicial officer has actual bias or prejudice concerning a party or personal knowledge of disputed evidentiary facts concerning the proceedings or the judicial officer had served previously as an attorney-at- law or was a material witness in the matter in controversy.
EQUALITY
Ensuring equality of treatment to all before the courts is essential to the due performance of the judicial office.
A judicial officer shall be aware of and understand diversity in society and
differences arising from various sources, including but not limited to race, colour, gender, religion, creed, national origin, culture, disability, age, marital status, sexual orientation, or gender identity.
Moreover, a judicial officer shall not, in the performance of judicial duties, by words or conduct, manifest bias or prejudice towards any person or group on irrelevant considerations, except to take any action to achieve ‘substantive equality’ in appropriate circumstances. The principle of substantive equality requires the judiciary, in this instance, to take necessary actions to advance access to justice by all court users in a way that is responsive to their particular needs, according to the document.
COMPETENCE AND DILIGENCE
It also notes that competence and diligence are prerequisites for the due performance of judicial office. The duties of a judicial officer are paramount and take precedence over all other activities and a judicial officer shall perform all judicial duties, including the delivery of reserved judgments with punctuality, reasonable promptness and with due regard to statutory obligations.
IMPLEMENTATION AND ACCOUNTABILITY
Implementing these principles and ensuring the compliance of judicial officers with them are essential to the effective achievement of the objectives of this Code. Despite the need to preserve their independence, judicial officers must be mindful that they are accountable to the populace they serve.
Judicial office and judicial officers are not, except in accordance with law, accountable to any organ or entity of the State for their judicial decisions.
All judicial officers agree to implement and ensure compliance with the Statements and Principles of this Code. The implementation of these Statements and Principles shall take into account the legitimate needs of judicial officers. They must be afforded protection from vexatious or unsubstantiated accusations.
As such, any complaint against them must be processed in a manner recognising both their unique position and the need for full due process.
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