NCJ Number
112182
Journal
Denver University Law Review Volume: 64 Issue: 3 Dated: (1988) Pages: 549-578
Date Published
1988
Length
30 pages
Annotation
This examination of the legal, ethical, and policy considerations regarding judges' public role concludes that judicial participation in educating the public about the legal system far outweighs any illusory fears that such a role taints judicial objectivity and disrupts the antiquated myth of judicial power.
Abstract
The Code of Judicial Conduct is based on the principles of judicial independence, impartiality, and the avoidance of the appearance of impropriety. Given the lack of specificity about judicial expression in the code itself, guidelines for judicial expression are best derived from a synthesis of the code and supporting materials. Such an analysis indicates that as a public servant, a judge has a duty to help educate the public. Judges are in a position to view the law from an objective and impartial perspective, so judges, of all public officials, may be the best qualified to perform the task of public education. Because of the public respect they elicit, judges' participation in legal education has the potential to create a more enlightened public. This means, however, that judges must be willing to expose themselves to criticism when they comment on controversial issues. Judicial comment in a public education forum, however, should provide enlightened input for any public debate. 129 footnotes.