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Code of Judicial Conduct

The document outlines the Code of Judicial Conduct for judges. It establishes 5 Canons for ethical conduct: (1) uphold integrity and independence, (2) avoid impropriety, (3) perform duties honestly and impartially, (4) engage to improve law with due regard to duties, and (5) regulate extrajudicial activities to minimize conflicts. The Code establishes specific Rules under each Canon to provide guidance on complying with ethical standards for judicial decision making and conduct.

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Emmylou Shayne Layog
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154 views

Code of Judicial Conduct

The document outlines the Code of Judicial Conduct for judges. It establishes 5 Canons for ethical conduct: (1) uphold integrity and independence, (2) avoid impropriety, (3) perform duties honestly and impartially, (4) engage to improve law with due regard to duties, and (5) regulate extrajudicial activities to minimize conflicts. The Code establishes specific Rules under each Canon to provide guidance on complying with ethical standards for judicial decision making and conduct.

Uploaded by

Emmylou Shayne Layog
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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LEGAL ETHICS

CODE OF
JUDICIAL
CONDUCT
Group 2
CANON 1
A JUDGE SHOULD UPHOLD
THE INTEGRITY AND
INDEPENDENCE OF THE
JUDICIARY.
Rule 1.01, CANON 1
A judge should be the
embodiment of competence,
integrity, and independence.
Rule 1.02, CANON 1
A judge should administer
justice impartially and
without delay.
Rule 1.03, CANON 1
A judge should be vigilant
against any attempt to
subvert the independence of
the judiciary and resist any
pressure from whatever
source.
CANON 2
A JUDGE SHOULD AVOID
IMPROPRIETY AND THE
APPEARANCE OF
IMPROPRIETY IN ALL
ACTIVITIES.
Rule 2.01, CANON 2
A judge should so behave at
all times as to promote
public confidence in the
integrity and impartiality of
the judiciary.
Rule 2.02, CANON 2
A judge should not seek
publicity for personal
vainglory.
Rule 2.03, CANON 2
A judge shall not allow family,
social, or other relationships to
influence judicial conduct or
judgment. The prestige of judicial
office shall not be used or lent to
advance the private interests of
others, nor convey or permit others
to convey the impression that they
are in special position to influence
the judge.
RULE 2.04, CANON 2
A judge should refrain from
influencing in any manner
the outcome of litigation of
dispute pending before
another court or
administrative agency.
CANON 3
A JUDGE SHOULD
PERFORM OFFICIAL
DUTIES HONESTLY, AND
WITH IMPARTIALITY AND
DILIGENCE.
RULE 3.01, CANON 3
A judge shall be faithful to
the law and maintain
professional competence.
RULE 3.02, CANON 3
In every case, a judge shall
endeavor diligently to
ascertain the facts and the
applicable law unswayed by
partisan interests, public
opinion or fear of criticism.
RULE 3.03, CANON 3
A judge shall maintain order
and proper decorum in the
court.
RULE 3.04, CANON 3
A judge should be patient,
attentive, and courteous to lawyers,
especially the inexperienced, to
litigants, witnesses, and others
appearing before the court.

A judge should avoid unconsciously


falling into the attitude of mind
that the litigants are made for the
courts, instead of the courts for the
litigants.
RULE 3.05, CANON 3
A judge shall dispose of the court's
business promptly and decide cases
within the required periods.
RULE 3.06, CANON 3
While a judge may, to promote
justice, prevent waste of time or
clear up some obscurity,
properly intervene in the
presentation of evidence during
the trial, it should always be
borne in mind that undue
interference may prevent the
proper presentation of the cause
or the ascertainment of truth.
RULE 3.07, CANON 3
A judge should abstain from
making public comments on
any pending or impending
case and should require
similar restraint on the part of
court personnel.
RULE 3.08, CANON 3
A judge should diligently
discharge administrative
responsibilities, maintain
professional competence in
court management, and
facilitate the performance of
the administrative functions
or other judges and court
personnel.
RULE 3.09, CANON 3
A judge should organize and
supervise the court personnel
to ensure the prompt and
efficient dispatch of business,
and require at all times the
observance of high standards
of public service and fidelity.
RULE 3.10, CANON 3
A judge should take or
initiate appropriate
disciplinary measures
against lawyers or court
personnel for unprofessional
conduct of which the judge
may have become aware.
RULE 3.11, CANON 3
A judge should appoint commissioners,
receivers, trustees, guardians,
administrators and others strictly on the
basis of merit and qualification,
avoiding nepotism, and favoritism.
Unless otherwise allowed by law, the
same criteria should be observed in
recommending appointment of court
personnel. Where the payment of
compensation is allowed, it should be
reasonable and commensurate with the
fair value of services rendered.
RULE 3.12, CANON 3
A judge should take no part in proceeding where the
judge’s impartiality might reasonably be questioned. 
These cases include, among others, proceedings where;

a.      the judge has personal knowledge of disputed


evidentiary facts concerning the proceeding;
b.     the judge served as executor, administrator,
guardian, trustee or lawyer in the case or matters in
controversy, or a former associate of the judge served as
counsel during their association, or the judge or lawyer
was a material witness therein;

c.      the judge’s ruling in a lower court is subject of


review
RULE 3.12, CANON 3

d.     the judge is related by consanguinity or affinity to a


party litigant within the 6th degree or to counsel within
the 4th degree;

e.      the judge knows that the judge’s spouse  or child has
a financial interest, as heir, legatee, creditor, fiduciary, or
otherwise, in the subject matter in controversy or in a
party to the proceeding, or any other interest that could
be substantially affected by the outcome of the
proceeding.

In every instance the judge shall indicate the legal reason


for inhibition.
RULE 3.13, CANON 3
A judge disqualified by the terms of Rule 3.12
may, instead of withdrawing from the
proceeding, disclose on the record the basis of
disqualification. 

If, based on such disclosure, the parties and


lawyers independently of the judge’s
participation, all agree in writing that the
reason for the inhibition is immaterial or
insubstantial, the judge may then participate
in the proceeding. 

The agreement, signed by all parties and


lawyers, shall be incorporated in the record of
the proceeding.
CANON 4
A JUDGE MAY, WITH DUE
REGARD TO OFFICIAL DUTIES,
ENGAGE IN ACTIVITIES TO
IMPROVE THE LAW, THE
LEGAL SYSTEM AND THE
ADMINISTRATION OF
JUSTICE.
CANON 4.01
A judge may, to the extent that the
following activities do not impair the
performance of judicial duties or case
doubt on the judge’s impartiality:

a.      speak, write, lecture, teach or


participate in activities concerning the
law, the legal system and the
administration of justice;
CANON 4.01
b.     appear at a public hearing before a
legislative or executive body on matters
concerning the law, the legal system or
the administration of justice and
otherwise consult with them on matters
concerning the administration of justice;

c.      serve on any organization devoted


to the improvement of the law, the legal
system or the administration of justice.
CANON 5
A JUDGE SHOULD REGULATE
EXTRAJUDICIAL ACTIVITIES
TO MINIMIZE THE RISK OF
CONFLICT WITH JUDICIAL
DUTIES.
RULE 5.01, CANON 5
A judge  may engage in the following activities provided that they do
not interfere with the performance of judicial duties or detract from
the dignity of the courts:

a.      write, lecture, teach and speak on non-legal subjects;

b.     engage in the arts, sports, and other special recreational


activities;

c.      participate in civic and charitable activities;

d.     serve as an officer, director, trustee, or non-legal advisor of a


non-profit or non-political, educational, religious, charitable,
fraternal, or civic organization.
RULE 5.02, CANON 5
A judge shall refrain from financial and
business dealings that tends to reflect
adversely on the court’s impartiality, interfere
with the proper performance of judicial
activities, or increase involvements with
lawyers or persons likely to come before the
court.

A judge should so manage investments and


other financial interests as to minimize the
number of cases giving grounds for
disqualification.
RULE 5.03, CANON 5
Subject to the provisions of the proceeding
rule, a judge may hold and manage
investments but should not serve as an officer,
director, manager, advisor, or employee of any
business except as director of a family business
of the judge.
RULE 5.04, CANON 5
A judge or any, immediate
member of the family, shall not
accept a gift, bequest, favor or
loan from anyone except as
may be allowed by law.
RULE 5.05, CANON 5
No information acquired in a
judicial capacity shall be used or
disclosed by a judge in any
financial dealing or for any other
purpose not related to judicial
activities.

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