4C Legal Talks
(c) “financial interest” means the ownership of a legal or reasonable interest, however small, or a relationship as a director, advisor or other active participant in the affairs of a party, except that: (f) government appointments. A judge may accept an appointment to a government committee, commission or other position only if it is a position that relates to the law, the legal system or the administration of justice, or if the appointment of a judge is required by federal law. Under no circumstances should a judge accept such an appointment if his or her governmental functions would tend to undermine public confidence in the integrity, impartiality or independence of the judiciary. A judge may represent the judge`s country, state or place on ceremonial occasions or in historical, educational and cultural activities. (5) Exercise of rights. A judge should not practise as a lawyer and should not serve as a lawyer for a family member in a forum. However, a judge may take legal action and, without compensation, provide legal advice to a member of the judge`s family and draft or revise documents for that member. (6) A judge should not make a public statement on the merits of a case pending or pending before a court. A judge should require similar deference from court staff, who are subject to the judge`s instructions and review. The prohibition on commenting publicly on the merits does not extend to public statements made in the course of the judge`s official duties, explanations of legal proceedings or scientific presentations made for the purpose of legal education.
A judge may engage in extrajudicial activities, including legal activities and civic, charitable, educational, religious, social, financial, fiduciary and governmental activities, and may speak, write, lecture and teach on legal and non-legal issues. However, a judge should not engage in extrajudicial activities that violate the dignity of the judicial function, interfere with the exercise of judicial functions, impair the impartiality of the judge, result in frequent disqualification or violate the restrictions listed below. A person other than a spouse with whom the judge has both a household and an intimate relationship should be considered a member of the judge`s family for the purposes of Canon 4A(5), fundraising under Canon 4C and family business activities under Canon 4D(2). (b) civic and charitable activities. A judge may participate in a non-profit, civic, non-profit, educational, religious or social organization and serve as an officer, director, trustee or non-legal advisor of a civic, non-profit, educational, religious or social non-profit organization, subject to the following restrictions: In accordance with this canon, a judge may encourage lawyers to provide pro bono legal services. (4) A judge should grant any person who has a legal interest in a proceeding and his or her lawyer the full right to be heard in accordance with the law. Unless otherwise stated below, a judge should not initiate, authorize or contemplate unilateral communications or consider other communications about a pending or imminent case that occur outside the presence of the parties or their counsel. When a judge receives an unauthorised unilateral communication affecting the content of a case, he or she should immediately inform the parties of the subject-matter of the communication and give them the opportunity to comment upon request. A judge can: Canon 4.
A complete separation of a judge from extrajudicial activities is neither possible nor reasonable; A judge must not isolate himself from the society in which he lives. As a judicial officer and a person who has learned specifically the law, a judge is in a unique position to contribute to the law, the legal system and the administration of justice, including the revision of substantive and procedural law and the improvement of criminal and juvenile justice. To the extent that the judge`s time permits and impartiality is not compromised, the judge is encouraged to do so independently or through a bar association, judicial conference or other body dedicated to the law. Subject to the same restrictions, judges may also engage in a wide range of non-legal activities. Canon 4A(5). A judge can act effectively in all legal matters, including cases involving litigation and matters involving appearances before or other relationships with government agencies. In doing so, a judge may not abuse the reputation of the office in order to promote the interests of the judge or his or her family. (3) Organizations. A judge may participate in a not-for-profit organization dedicated to the law, legal system or administration of justice and act as a member, officer, director, trustee or non-legal counsel of a not-for-profit organization dedicated to the law, legal system or administration of justice, and may assist such an organization in the management and investment of funds.
A judge may make recommendations to public and private bodies to license funds on projects and programmes relating to the law, the legal system and the administration of justice. (1) Speaking, writing and teaching. A judge may speak, write, lecture, teach and participate in other activities concerning the law, the legal system and the administration of justice (a) in matters relating to the law, the legal system or the administration of justice; (c)where the judge acts proactively in a matter concerning him or her or the interest of the judge. (4) The judge shall observe the restrictions on the acceptance of gifts set out in the Judicial Conference Gifts Regulations and the prohibition on invitations to give gifts.