Article 7p. 7

LEGAL AND JUDICIAL ETHICS CODES, CANONS AND RULES

confidence in their intellectual integrity and contribute

useful precedents to the growth of the law.

But the volume of reported decisions is such and is ever

so increasing that in writing opinions which are to be

published,

judges

may

well

take

this

fact

into

consideration,

and

curtail

them accordingly, without

substantially departing from the principles stated above.

It is of high importance that judges constituting a court

of

last resort should use effort and self-restraint to

promote solidarity of conclusion and the consequent

influence of judicial decision. A judge should not yield to

pride of opinion or value more highly his individual

reputation than that of the court to which he should be

loyal. Therefore, except in case of conscientious difference

of opinion on fundamental principle, dissents should be

discouraged.

18. Influence of decisions upon the development of the

law

A

Judge

should

be

mindful

that

his

duty

is

the

application of general law to particular instance, that ours

is a government of laws and not of men, and that he

violates his duty as a minister of justice under such a

system if he seeks to do what he may personally consider

substantial justice in a particular case and disregards the

general law as he knows it to be binding on him. Such

action may have detrimental consequences beyond the

immediate controversy. He should administer his office

with a due regard to the integrity of the system of the law

itself, remembering that he is not a depository of arbitrary

power, but a judge under the sanction of law.

19. Idiosyncrasies and inconsistency

Justice

should

not

be

bounded

by

the

individual

idiosyncrasies of those who administer it. A judge should

adopt the usual and expected method of doing justice,

and not seek to be extreme or peculiar in his judgment,

or spectacular or sensational in the conduct of his court.

Though vested with discretion in the imposition of mild

or severe sentences, he should not compel persons

convicted or accused to submit to some humiliating act

or discipline of his own devising, without authority of law,

because he thinks it will have a beneficial corrective

influence.

Judges imposing sentences should endeavor to conform

to a reasonable standard of punishment and should not

seek popularity either by exceptional severity or undue

leniency.

20. Review

In order that a litigant may secure the full benefit of the

right of review accorded to him by law, a trial judge

should

scrupulously

grant

to

the

defeated

party

opportunity to present the situation arising upon the trial

exactly as it arose, was presented, and decided by full and

fair bill of exceptions or otherwise; and failure in this

regard on the part of the judge is peculiarly worthy of

condemnation because the wrong done is remediable.

21. Legislation

Judges have exceptional opportunity to observe the

operation of statutes, especially those relating to practice,

and to ascertain whether they tend to impede the just

disposition of controversies; and they may well contribute

to the public interest by advising those having authority

to remedy defects of procedure of the result of their

observation and experience.

22. Infractions of law

The judge should be studiously careful himself to avoid

even the slightest infraction of the law, lest it be a

demoralizing example to others.

23. Inconsistent obligations

A judge should not accept inconsistent duties; nor incur

obligations, pecuniary or otherwise, which will in any way

interfere with his devotion to the expeditious and proper

administration of his official functions.

24. Business promotions and solicitations for charity.

He

should

avoid

giving

ground

for

any

reasonable

suspicion that in utilizing the power or prestige of his

office to persuade or coerce others to patronize or

contribute, either to the success of private business

ventures,

or

to

charitable

enterprises.

He

should,

therefore, not enter into such private business, or pursue

such a course of conduct, as would justify such suspicion,

nor use the power of his office or the influence of his

name to promote the business interest of others; he

should not solicit for charities, nor should he enter into

any business relation which, in the normal course of

events

reasonably

to

be

expected,

might

bring his

personal

interests

into

conflict

with

the

impartial

performance of his official duties.

25. Personal investments and relations

A

Judge

should

abstain

from

making

personal

investments in enterprises which are apt to be involved in

litigation in his court; and, after accession to the bench,

he should not retain such investments previously made,

longer than a period sufficient to enable him to dispose

of them without serious loss. It is desirable that he should,

so far as reasonably possible, refrain from all relations

which would normally tend to arouse the suspicion that

such relations warp or bias his judgment, or prevent his

impartial attitude of mind in the administration of his

judicial duties.

It is highly improper for a judge to utilize information

coming to him in a juridical capacity for purposes of

speculation and it detracts from the public confidence in

his integrity and the soundness of judicial judgment for

him at any time to become a speculative investor upon

the hazard of a margin.

26. Executorships and trusteeships

While

judges

are

not

disqualified

from

holding

executorships or trusteeships, they should not accept or

continue to hold any fiduciary or other position if the

holding of it would interfere or seem to interfere with the

proper performance of their judicial duties, or if the

business

interests

of

those

represented

require

investments in enterprises that are apt to come before

the court, or to be involved in questions of law to be

determined by it.

27. Partisan politics

While entitled to entertain his personal view on political

questions, and while not required to surrender his rights

or opinions as a citizen, it is inevitable that suspicion of

being warped by political bias will attach to a judge who

becomes the active promoter of the interests of one

political party against another.

A

Judge

should

avoid

making

political

speeches,

contributions to party funds, the public endorsement of

candidates for political office, or participating in party

conventions.

28. Self-interest

He should abstain from participating in any judicial act in

which

his personal interests are involved. If he has

personal litigation in the court of which he is judge, he

need not resign his judgeship on that account, but he

should, of course, refrain from any judicial act in such a

controversy.

29. Gifts and favors

He should not accept any presents or favors from litigants

or from lawyers practicing before him.

30. Social relations

It is not necessary to the proper performance of judicial

duty that judges should live in retirement or seclusion; it

is desirable that, so far as the reasonable attention to the

completion of their work will permit, they continue to

mingle in social intercourse, and that they should not

discontinue their interests in or appearance at meetings

of members of the bar. A judge should, however, in

pending

or

prospective

litigation

before

him

be

scrupulously

careful

to

avoid

such

action

as

may

reasonably tend to waken the suspicion that his social or

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