LS 102: PROFESSIONAL PRACTICE & ETHICS - 1

INTRODUCTION TO JUDICIAL ETHICS

Prof. John Eudes Ruhangisa (PhD)

JUDGE (rtd)
Course Material (Presentation I) for Professional Legal Practice
t
Diplo Students, The Law School of Tanzania, 36 th Cohort,r
16h & 23 d
February, 2023
Outline

q Introduction
q Who is a judicial officer? (General Perception)
q Defining Judicial Ethics
q Fundamental objectives of Judicial Ethics
q Principles for Judicial Ethics

Judicial Ethics - Law School 2

Introduction
 Defining Ethics:
 the rules of behaviour pertaining to a particular
class of human action. They relate to
moral principles that contro,l influence
or guide a person’s conduct or behaviour so
as to gain respectfor him/herself.
 Defining Legal Ethics:
 the minimum standards of
appropriateconduct within the legal
profession, involving the duties that its
members owe one another, their clients,
and the courts. (Black’s Law Dictionary)
Judicial Ethics - Law School 3
Introduction Ctnd…
 In other words legal ethics is the
ethical code governing those who practice
law, and the obligations they have to
uphold the law, further justice, and
fully represent the interests of their
clients
 There is common agreement that legal
ethics encompasses an ethical
code governing the conduct of persons
engaged in the practice of law and
persons more generally in the legal
profession.
Judicial Ethics - Law School 4
Introduction Ctnd…
 “Judicial Ethics”
 A set of norms and standards of
conduct to which every judicial officer
is under obligationto conform. These
norms and standards are essentially
designed to ensure maintenance of
impartialit, y integrity and
independence in the discharge
of the judicial function and generally
to ensure avoidance of
impropriety on the part of the
judicial officers.
Judicial Ethics - Law School 5
 ? (perception
Who is a judicial officer )

Nyerere’s perception
 “There are jobs in our society which can be
done by undisciplined people and people whose
personal integrity can be called into question;
being a Judge or Magistrate is not among them.”
 “Kuna kazi katika jamii yetu ambazo
zinaweza kufanywa na watu wasio na nidhamu,
watu ambao uadilifu wao unatia mashaka.
Kuwa Jaji au Hakimu siyo moja ya kazi hizi.”
[NYERERE, Julius K., Speech duringthe Meeting of
Judges and Resident Magistratesheld in Arusha,
Tanzaniaon 15th March, 1984. See also Daily News
(Tanzania),16th March, 1984, p.1] See also p. 47
P/Court Magistrates Handbook
Judicial Ethics - Law School 6
Judicial officer?Ctnd…
Nyerere’s perception of the judiciary:
 “Our judiciary at every level must
independent of be the executive arm of
the
state. Real freedom requires that any
citizen feels confident his case will
that impartially judged, be if it is a
even case
against the Prime Minister
(President) himself”
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Judicial officer?Ctnd…
Samatta CJ’s perception:
 “Upadre na Usheikh ni kazi rahisi
kuliko uhakimu ambayo ni ngumu
kwa vile wenzetu hao wanaweza
kwenda kwa watu wakorofi
kuwahubiria ili waache maovu wakati
hakimu inamwia vigumu kwenda
kujumuika nao na hata kama
 pengine kwenda baa na dukani kupata
mahitaji.
 (Majira, Jumapili, Juni 8, 2003)
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Fundamental objective
 Objectives are summarised in the Preamble
to GN No. 1001 of 2020. Read.
 For the judiciary to be effective, it must
command acceptabilityand
respectability. It achieves this by
living up to the expectations of the
society it serves.
 The fundamental objective of judicial ethics
therefore, is t o provide guidance t o
the judicial officers towards
attainment of acceptability and
respectability of the judiciary by the
people i t was created t o serve.
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Fundamental
objectiveCtnd…

 In order to satisfactorily meet

society’s expectations, the judiciary as an
institution, has to rely, not only on the
professional skills, but also heavily on the
charactersand consciencesof those
individuals. It is the personal
qualitiesof those men and women that
are the making of good judicial officers, and
in the result, of an acceptable, respected and
effective judiciary.
Judicial Ethics - Law School 10
Fundamental objectiveCtnd…
 The conduct of Judges should be
accompanied by hygiene and repute of the
high caliber as it is believed that misconduct
will undress the judge leaving the society
questioning on his competence. (Judicial
Hygiene)
 It is stressed that judicial misconduct
breaks down the fiber (backbone, strength)
of what is required for a proper
functioning of the judiciary.

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Fundamental
objectiveCtnd…
 It is the personal
weaknesses/shortcomings of individuals,
that lead to degeneration and failure of the
institution.
 It is not sufficient or safe to rely solely on
the qualities of individual judicial officers,
and to assume that they would necessarily
respond to all the issues of conduct in
the same proper way. No society can so
rely on the goodness of its people such that
it does away with law and regulations.

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Fundamental
objectiveCtnd…
 There has to be in place, objective
and known ethical norms and
standards by which a judicial officer is
guided, and according to which
his/her conduct is measured.
 Judicial ethics do not relate to the
conduct of the judicial officer on the bench
only, but also to his/her conduct off the
bench.
 There is unanimity on the basic principles
for judicial ethics.

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Principles for J/Ethics
Ø Nobleness of judicial
work Ø Impartiality
Ø Integrity
Ø Propriety
Ø Judicial independence
Ø Equality
Ø Code of judicial conduct
Ø Competence and diligence (Bangalore)

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Judicial Ethics Principles
Ctnd..
1. Nobleness of Judicial work:
 Admonition to the Israelites in the Holy Bible:
“You shall appoint judges and officials
throughout your tribes to administer
tr u e justice for the people in all the
communities which the Lord your God, is
giving you. You shall not distort justice;
you must be impartial. You shall not
take a bribe; for a bribe blinds the eyes
even of the wise and twists the words
even of the just.” See Deuteronomy 16: 18-
19

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Judicial Ethics Principles
Ctnd..
 In the Holy Quran: God Commands us to do
justice
“Verily! Allah commands that you should
render the trusts to those to whom they are
due; and that when you judge between men,
you judge with justice. Verily, how excellent is
the teaching which He (Allah) gives you!...”
Surat An-Nisa’ 4;58
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Judicial Ethics Principles
Ctnd..
 "Treat the people with respect.
Be kind and considerate with them.
Meet them cheerfully. Be fair, just
and impartial in your dealings so that
even the influential persons may not
dare take undue
advantage of your
leniency and the commoners and the
poor people may not be disappointed
in your justice and fair dealings".
(Letter 27, Peak of Eloquence) Imam Ally

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Code of Conduct
 Codification of Ethics for Judicial Officers
was initially done through the Code of
Conduct for Judicial Officers of
Tanzania.
 It was recently substituted and replaced by a
new code i.e Code of Conduct and Ethics
for Judicial Officers GN. No 1001 of
2020 (Made under section 66 (2) (c) of
the Judiciary Administration Act, Cap 237).
 The new code embraced the form and
content of the Bangalore Principles of
Judicial Conduct. Every rule of ethics is
preceded by a statement of clarification.
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 Code of Conduct
Ctnd… 1. Impartiality: Rules 6 -
10
 Impartiality in both the decision and
the decision making process is essential to
the proper discharge of judicial duties.
 Judges and magistrates while
taking judicial oath solemnly swear that
they will administer justice impartially,
without fear or favour or prejudice and
their conduct both in and out of court
should enhance confidence of the public.
They undertake to act in accordance with
the provisions of the Constitution and the
law of the land.
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Code of Conduct Ctnd…

 The Oath states:

 I …... Do swear that I will well and truly serve
the United Republic of Tanzania in the
office of Judge/Magistrate and I will do
justice in accordance with the Constitution
of the United Republic of Tanzania as by law
established and in accordance with the laws
and customs of the United Republic without
fear or favour, affectionor ill will. So help me
God.
Judicial Ethics - Law School 20
Code of Conduct Ctnd…
 To enhance impartiality, observe:
◦ Conduct in and out of court (personal and
private affairs)
◦ Civic and charitable activity (associations,
funds soliciting, involvement in causes likely
to engage in litigation)
◦ Political activity (refrain from)
◦ Conflict of interest (have no interest in a
case (monetary, friendship, relative) or else
recuse yourself)
◦ Judicial demeanour (treat every one before
the court with appropriate courtesy)
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Code of Conduct Ctnd…
Manifestation of Impartiality:
“If the parties will at my hand call
for justice, then were it my father
stood on the one side, and the devil
on the other, his cause being good,
the devil should have right.”
(Thomas Moore)

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Code of Conduct
Ctnd… 2. Integrity: Rule 2
Ø Must conduct themselves with integrity to sustain
public confidence in the judiciary.
Ø Of the individual and of judiciary as an institution
Ø His conduct must be above reproach in the view of
reasonable, fair-minded and informed persons.
Ø “However just the magistrate may be, the people of his
area will regard him with suspicion if he owes money all
over the place. If a magistrate cannot maintain his
integrity on the salary that he earns surely he should
resign his office. It goes without saying that corruption in
the judiciary simply cannot be tolerated “
Ø Corruption must not be tolerated. Justice is not for sale.
A Judicial officer should not give legal or investment
advice save for immediate member of his family, for free.
Judicial Ethics - Law School 23
Code of Conduct Ctnd…
 The judicial hygiene may extend to
address the behavioral conduct of judges
as far as use of social media is concerned
 The judges being among the Billions
of people that are linked to the social
media use, there is a likelihood of
diluting their repute by crushing with
the behavioral conduct of the society. This
implies that the judges may not resist
the forces of temptations that may affect
their impartiality and integrity as the
administrators of justice.
Judicial Ethics - Law School 24
Code of Conduct Ctnd…
 On the use of social media by judicial
officers Ibrahim Juma CJ had this to say
during the swearing in of new Resident
Magistrates on 16th July 2022
◦ “Tujiepushe na makundi katika
Mitandao ya Kijamii (Whatsapp)
inayowahusisha wasio mahakimu ambao
wanaweza kuwavuta katika
majadilianoyanayowezakukiukamaadiliy
a kazi za Uhakimu.”
Judicial Ethics - Law School 25
Code of Conduct Ctnd…
 The President of Uganda had this to say
Mr. Acting Chief Justice, you will have a big
problem of fighting drunkenness among
some of the Magistrates. I have reliably
learnt that drinking is affecting the efficiency
of some of the Magistrates so much that they
are continually late in Court and some are
heavily in debt. I need hardly emphasise
that being drunk and being in debt are the
most sure ways of becoming corrupt.”

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Code of Conduct
Ctnd… 3. Propriety:
 Judicial officer must avoid impropriety and
the appearance of impropriety in all of his
activities. Since a judicial officer is a subject
of constant public scrutiny, he must
accept personal restrictions that might be
viewed as burdensome by the ordinary citizen
and should do so freely and willingly. In
particular, he should conduct himself or
herself in a way that is consistent with the
dignity of the judicial office. (eg where
association might reasonably give rise to the
suspicion or appearance of favouritism or
partiality).
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Code of Conduct
Ctnd… 4. Judicial
Independence: Rule 1
 Individual and institutional judicial
independence is indispensable to impartial
justice.
 It requires a judicial officer to exercise
judicial function independently on the basis
of his assessment of the facts and in
accordance with a conscientious understanding
of the law, free of any extraneous
influences, inducements, pressures,
threats from any quarter or for any reason.
(Financial anxiety, remuneration and cost of
living)

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 Code of Conduct Ctnd…
5. Equality: Rule 5
Ø Everyone must be treated with respect and courtesy
and with equality according to the law
Ø Equal treatment to all before the court. Be aware of,
and understand, the diversity in society and
differences arising from various sources, including
but not limited to race, colour, sex, religion, national
origin, disability, age, marital status, social and
economic status.
Ø Don’t manifest bias or be biased.
Ø Don’t be a member of any organisation practicing any
form of discrimination

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Code of Conduct
Ctnd… 6. Competence and
diligence: Rule 4
 Shall engage in training and preparation so
as to be competent in performing hi duties.
 Take reasonable steps to maintain and
enhance his knowledge.
 Deliver quality judgments within prescribed
time
 Observe punctuality and conduct court
hearings as scheduled
 Maintain order and decorum in all
proceedings

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Bangalore Principles
 Value 1:
 INDEPENDENCE
 Principle:
 Judicial independence is a pre-requisite to
the rule of law and a fundamental
guarantee of a fair trial. A judge shall
therefore uphold and exemplify judicial
independence in both its individual and
institutional aspects.

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Bangalore Principles Ctnd…
 Value 2:
 IMPARTIALIT
Y  Principle:
 Impartiality is essential to the
proper discharge of the judicial office. It
applies not only to the decision itself but
also to the process by which the decision is
made.
 Application:
 2.1 A judge shall perform his or her judicial duties
without favour, bias or prejudice.
Judicial Ethics - Law School 32
 Bangalore Principles Ctnd…

 Value 3:
 INTEGRIT
Y  Principle:
 Integrity is essential to the proper discharge
of the judicial office.
 Application:
 3.1A judge shall ensure that his or her
conduct is above reproach in the view of a
reasonable observer.
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Bangalore Principles Ctnd…

 3.2 The behaviour and conduct of

a judge must reaffirm the people's
faith in the integrity of the
judiciary. Justice must not merely be
done but must also be seen to be
done.
Judicial Ethics - Law School 34
 Bangalore Principles Ctnd…

 Value 4:
 PROPRIET
Y  Principle:
 Propriety, and the appearance of propriety,
are essential to the performance of all of the
activities of a judge.
 Application:
 4.1 A judge shall avoid impropriety and
the appearance of impropriety in all of the
judge's activities.

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Bangalore Principles Ctnd…
 Value 5:
 EQUALIT
Y  Principle:
 Ensuring equality of treatment to all before
the courts is essential to the due performance of
the judicial office.
 Application:
 5.1 A judge shall be aware of, and understand,
diversity in society and differences arising from
various sources, including but not limited to race,
colour, sex, religion, national origin, caste, disability,
age, marital status, sexual orientation, social and
economic status and other like causes ("irrelevant
grounds"). Judicial Ethics - Law School 36
Bangalore Principles Ctnd…
 Value 6:
 COMPETENCE AND DILIGENCE


 Principle:
 Competence and diligence are prerequisites to the
due performance of judicial office.


 Application:
 6.1 The judicial duties of a judge take precedence
over all other activities.

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Thank you for your
attention

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