This is an essay on “Duties and Responsibilities of Judges” for CSS, PMS, and Judiciary examination. The judges have strong responsibilities in a democratic nation. So, independence of the judiciary is also necessary for better performance of judges in performing their duties. So, to understand the duties and responsibilities of judges here is an essay on the topic of “Duties and Responsibilities of Judges”.
Essay on “Duties and Responsibilities of Judges”
Judge is .a public official vested with the authority to hear, determine, and preside over legal matters brought in court is called judge. In the jury cases, the judge presides over the selection of the panel and instructs it concerning pertinent law. The judge may also rule on motions made before or during a trial. In the U.S., judges are elected or appointed. Most federal judges are appointed for life by the president with the advice and consent of the Senate. The highest-ranking judge in Pakistan’s legal system is the chief justice of the Supreme Court.
Judges must decide cases based on the applicable law. In some cases, a judge may be asked to declare that a certain law is unconstitutional. Judges have the power to rule that a law is unconstitutional and therefore void, but they must give proper deference to the legislative body that enacted the law.
An independent and respectable judiciary is indispensable to justice in our society. A judge should participate in establishing, maintaining, and enforcing high standards of conduct, and should personally observe those standards. so that the integrity and independence of the judiciary may be preserved.
There are the following duties of a judge:
- A judge should respect and comply with the law and should act at all times in a manner that promotes public confidence in the integrity and impartiality of the judiciary.
- A judge should not allow family, social, or other relationships to influence judicial conduct or judgment.
- The Judge should not hold membership in any organization that practices invidious discrimination on the basis of race, sex, religion, or national origin.
- Public confidence in the judiciary is eroded by irresponsible or improper conduct by judges. A judge must avoid all impropriety and appearance of impropriety. A judge must expect to be the subject of constant public scrutiny.
- The testimony of the judge as a character witness injects the prestige of the judicial office into the proceeding in which the judge testifies and may be misunderstood to be an official testimonial.
- A Judge should avoid lending the prestige of judicial office for the advancement of the private interests of the judge or others. For example, a judge should not use the judge’s judicial position to gain the advantage in litigation involving a friend or a member of the judge’s family.
- A judge should not initiate the communication of information to a sentencing judge or probation or corrections officer but may provide such personal information in response to a formal request.
- The Judge should be faithful to and maintain professional competence in the law, and should not be swayed by partisan interests, public clamor, or fear of criticism.
- A judge should hear and decide matters assigned, unless disqualified, and should maintain order and decorum in all judicial proceedings.
- A judge should be patient, dignified, respectful, and courteous to litigants, jurors, witnesses, lawyers, and others with whom the judge deals in an official capacity, and should require similar conduct of those subject to the judge’s control, including lawyers to the extent consistent with their role in the adversary process.
- A judge should accord to every person who is legally interested in a proceeding, or the person’s lawyer, full right to be heard according to law, and, except as authorized by law, neither initiate nor consider ex parte communications on the merits, or procedures affecting the merits, of a pending or impending proceeding.
- A judge should dispose promptly of the business of the court.
- A judge should avoid public comment on the merits of a pending or impending action, requiring similar restraint by court personnel subject to the judge’s direction and control.
- A judge should diligently discharge the judge’s administrative responsibilities, maintain professional competence in judicial administration, and facilitate the performance of the administrative responsibilities of other judges and court officials.
- A judge should require court officials, staff, and others subject to the judge’s direction and control, to observe the same standards of fidelity and diligence applicable to the judge.
- A judge should initiate appropriate action when the judge becomes aware of reliable evidence indicating the likelihood of unprofessional conduct by a judge or lawyer.
- A judge should not make unnecessary appointments and should exercise that power only on the basis of merit. avoiding nepotism and favoritism.
- 18. A judge with supervisory authority over other judges should take reasonable measures to assure the timely and eﬀective performance of their duties.
- A judge, subject to the proper performance of judicial duties may engage in law-related activities if in doing so the judge does not cast reasonable doubt on the capacity to decide impartially any issue that may come before the judge.
- A judge may speak, write, lecture, teach and participate in other activities concerning the law, the legal system, and the administration of justice.
- A judge should not use to any substantial degree judicial chambers, resources, or staff to engage in activities permitted by this Canon.
- A judge may participate in civic and charitable activities that do not reflect adversely upon the judge’s impartiality or interfere with the performance of judicial duties.
- A judge should not serve if it is likely that the organization will be engaged in proceedings that would ordinarily, come before the judge or will be regularly engaged in adversary proceedings in any court.
- A judge should not give investment advice to such an organization but may serve on its board of directors or trustees even though it· has the responsibility for approving investment decisions.
- A judge should not engage in any political activity.
- A judge should report the value of any gift, bequest, favor, or loan as required by statute ‘or by the Judicial Conference of the United States.
- While acting as a fiduciary a judge is subject to the same restrictions on financial activities that apply to the judge in his or her personal capacity.
- 28. A judge should not act as an arbitrator or mediator or otherwise perform judicial functions in a private capacity unless expressly authorized by law.
- 29. A judge should not practice law.
- A judge should not act as a leader or hold any office in a political organization.
- A judge should not make speeches for a political organization or candidate or publicly endorse or oppose a candidate for public office.
- A judge should not solicit funds for or pay an assessment or make a contribution to a political organization or candidate, attend political gatherings, or purchase tickets for political party dinners, or other functions.
- A judge should resign the judicial oﬀice when the Judge becomes a candidate either in a primary or in a general election for any office.
A judge or justice is an oﬀicial who presides over a court. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. In many countries, judges have a number of powers that are not known to exist or are not acknowledged to exist, in civil law legal systems, which collectively make the judiciary a more powerful political force than in civil law countries.
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