NCJ Number
143664
Journal
Juvenile and Family Court Journal Volume: 44 Issue: 2 Dated: (1993) Pages: 3-55
Editor(s)
M R Mildon
Date Published
1993
Length
53 pages
Annotation
This article identifies three areas of potential conflict between the American Bar Association's Code of Judicial Conduct (Canons) and the views of contemporary juvenile and family court judges regarding judicial ethical, moral, and social mandates; related modifications of the Model Code of Judicial Conduct are recommended to reduce the potential conflict.
Abstract
Areas of potential conflict with the Canons are judicial leadership, "ex parte" information, and bias. Regarding judicial leadership, the Canons seem to discourage judges from taking an active leadership role in the community in spite of public expectations or the needs of children who come before the court. Restrictions on judicial activities in the community are designed to eliminate influences likely to undermine judicial neutrality. The Canons restrictions, however, tend to obstruct the unique role that judges can play in improving community services for children and families. Ex parte information is defined as both public and private information or communication that a judge receives when one or both parties are not present. This article recommends that juvenile and family courts be authorized by statute or rule to issue specific protective or restraining orders under emergency process that permit judicial decisionmaking to proceed without rigid adherence to the prohibition against the use of ex parte communications and information. Although the Canons prohibit judicial bias, there must be a broader perception of bias that would mitigate or eliminate all forms of real or perceived bias within the judicial system based on race, disability, gender, or economic status. Proposed modifications of the Canons are detailed, along with commentary.