Running Head: ETHICAL ISSUES FACING JUDGES 1

Ethical Issues Facing Judges

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Introduction

This paper focuses on some ethically significant features regarding the roles and

responsibilities of judges. There are diverse judicial and legal systems with each having its own

distinct features. In the United States, there are different ethical responsibilities of judges which

often lead to ethical dilemmas. Through this discussion, some of the ethical issues facing judges

will be highlighted and elaborated.

Opportunities for Political Entanglement

When political connections and ethical questions arise, the ethical question arises in the

professional lives of judges. Notably, after the judges are appointed there, career's becomes

significantly insulated from political interference, but they engage in politics in at least three

occasions. At first, these judges can run into problems when it comes to reappointment which

can at times encourage political intervention. Secondly, the judges who are seeking to be

promoted to a higher judicial office might need political support. Finally, the judges who might

fail to adjust in the unrewarding world of judging might seek to venture into private activities or

public service which might not be in line with the judicial ethics rules.

Judicial Code Prescription and Proscriptions

The model code has provisions which restrict judges' conduct and those which

specifically permit certain activities including educational activities, legal activities, and justice

administration. A substantial number of states has adopted the model code. One of its most

important provision is the providence of impartial, honest, and independent judiciary. Also, there

is a provision which seeks to prevent the judges from abusing the prestige of their offices with

the aim of advancing their economic or personal interests. A judge is not supposed to political

activities which somehow demeans the impartiality, integrity, and independence of the judiciary.
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The model code also contains rules that cover judges who are presenting themselves as

candidates for office reappointment.

The Typical Ethical Dilemmas

A judge can face many ethical dilemmas during the course of their careers. There are those

situations where they may be required to make close calls which might require them to make

widespread consultations to avoid resolving a case inappropriately. Below are some ethical

dilemmas facing judges.

 Can a judge attend a political event in honor of a relative?

 Can a judge attend an event to raise funds for putting up a public service center which is

named after a politician?

 Can a judge attend the inauguration of a governor?

 Can a judge contact the governor's legal counsel with the hope of having another judge

receive job elevation?

 Can a judge administer an oath of office to an elected leader?

 Can a judge accept a reward from a criminal justice agency?

 Can a judge accept to be appointed to a non-profit organization which has connections

with an executive branch agency?

 Can a judge accept appointment to a government commission which deals with the

administration of justice, the legal system, and the law?

 Can a judge be appointed to serve in the executive branch advisory committee which is

created by statute?

 Can a judge serve in an ad hoc committee to facilitate discussions between executive

branch officials?
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 Can a judge write a historical piece for a government or blog website regarding his or her

time in a government position?

 Can a judge appear in the employment recruitment video of an executive branch agency?

There are multiple situations which can lead to such questions whereby some issues can be

resolved through the avoidance of proscribed activity. However, others can only be resolved

through disclosure or recusal alongside other conditions. Below are several examples of the

problems facing judges.

Political Contacts for Appointment

In some situations, ethical issues can arise when a judge seeks appointment or

reappointment to a particular position. Just like all other appointments, there can be some

politics during this process. A judge might decide to seek political support which can either be

offered by a government official orb the governor. In most occasions, nomination without the

support of such individuals is very rare. These political connections will also be helpful in the

future appointments or when the judge decides to elevate their judicial ranks (Pollock, 2014).

Prior Contacts and Political Activities

If a judge has prior political contacts or activities, there can be a question of whether the

will be able to maintain the required judicial standards. Most judges who had an active political

life in the past have deep friendships with numerous politicians and casual connection in most

political sectors (Pollock, 2014). As such, these judges may choose to retain close ties with these

politicians which might lower their judicial standards.

Political Activities of Family Members

Even if the judge is not directly involved in politics, they might find themselves

entangled in a political activity that involves a spouse or sibling. This can bring about some
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ethical issues. Although judges are permitted to attend political gatherings involving family

members, they are encouraged to be extra cautious to avoid directly campaigning for or

sponsoring the campaigns of their family members (Pollock, 2014).

Conclusion

In a nutshell, the judicial profession calls for extra caution to avoid ethical dilemmas.

Most ethical issues will make a judge seem untrustworthy, and every decision they make will be

doubted and second-guessed. There some ethical dilemmas which can barely be avoided but one

should try as much as possible to stay away from those who are avoidable. In so doing, the judge

will have a high rating amongst the public, and their decisions will rarely be challenged. Finally,

during the judicial career, one should not use political connections to force their way up or to

push a motion through.

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References

Pollock, J. M. (2014). Ethical dilemmas and decisions in criminal justice. Nelson Education.