GUIDE TO JUDICIAL CONDUCT

The Guide to Judicial Conduct is a set of ethical principles and guidelines that outline the expected conduct of judges in common law jurisdictions, including Australia. The guide is designed to help ensure that judges adhere to the highest standards of professionalism, integrity, and impartiality in their decision-making and judicial responsibilities. It provides a framework for judicial behaviour, both inside and outside the courtroom, and is intended to maintain public confidence in the judiciary.
  • Judges must be impartial in all matters. This means they must not allow personal bias, prejudice, or external pressures to influence their decisions. Their judgments should be based solely on the law and facts of the case.
  • They must also maintain independence from external influences, such as political pressure, public opinion, or any party with a vested interest in the case.
  • Judges are expected to act with honesty and integrity at all times, ensuring their conduct is beyond reproach. This principle demands that judges are transparent, consistent, and accountable in their decision-making.
  • They should not engage in conduct that undermines the public trust in their ability to render fair and impartial decisions.
  • Judges must demonstrate competence in the law, and they are expected to be diligent in their responsibilities. This means continually improving their knowledge of the law and managing their caseload efficiently and effectively. A judge’s competence also includes ensuring that they make timely decisions and manage their judicial responsibilities with care and attention.
  • Respect and courtesy should govern a judge’s behavior towards all parties involved in legal proceedings. This includes showing respect for the parties, legal representatives, and the public.
  • Judges should maintain a courtroom environment that is respectful, ensuring fair treatment for all parties regardless of their background, status, or opinions.
  • A judge's conduct should promote and maintain public confidence in the judicial system. This involves maintaining a professional image both on and off the bench, avoiding conduct that could undermine the public's trust in their ability to be impartial and fair.
  • Judges must also be mindful of their social media and public engagement to avoid situations that may be seen as compromising their independence or impartiality.
  • Judges should provide clear and reasoned explanations for their decisions, allowing for transparency and understanding of the judicial reasoning behind each ruling.
  • This transparency helps maintain trust in the judicial system, especially when cases are appealed or scrutinized by the public.