NCJ Number
198263
Journal
Judicial Officers' Bulletin Volume: 14 Issue: 7 Dated: August 2002 Pages: 49-56
Editor(s)
Tom Gotsis
Date Published
August 2002
Length
8 pages
Annotation
This document discusses the role of public confidence in the judiciary and how it relates to judicial accountability and judicial education.
Abstract
Public confidence is a guiding principle to the conduct of judges, plays a part in the development of legal principle, and is necessary for the effective performance of the judicial function. The acceptance of judicial decisions by citizens and governments rests upon public confidence. Confidence is not maintained by stifling legitimate criticism of courts or their decisions. Confidence in the judiciary does not require a belief that all judicial decisions are wise. Courts and judges have a primary responsibility to conduct themselves in a manner that fosters public satisfaction. Tenure is the primary means by which the system seeks to reinforce public confidence in the independence of judges. The application of private sector employment arrangements and practices to public servants is a controversial subject. Incentives and reprisals are incompatible with judicial office. The independence and impartiality of the judiciary are not private rights of judges; they are rights of citizens. Judges are difficult to remove and the Constitution makes no provision for the disciplinary measures short of removal. This absence of a provision for penalizing judges for conduct corresponds with their immunity from civil liability. The Judicial Officers Act 1986 (New South Wales) contains a limited power to suspend judges while there is a pending complaint that is serious enough to raise the possibility of removal. The Guidelines on Judicial Conduct are intended to give assistance to judges in handling problems that create uncertainty and difficulty. Discussions on recent decisions on murder, intoxication, identification evidence, sexual assault, and self-defense are included. 4 endnotes