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The
judicial office rests on public trust. The judiciary is charged with maintain-ing
public confidence in the legal system. Standards for ethical conduct for
judges were established by the Code of Judicial Conduct referred to as
the Judicial Canons. The Canons generally follow the standards promulgated
by the American Bar Association, so they are similar in state and federal
courts.
It
is specifically noted in the Florida version of the Judicial Canons that
when the language "shall" or "shall not" is stated, it is intended to
impose binding obligations, the violation of which, if proven, can result
in disciplinary action. Reference to "should" or "should not" is not deemed
to be as binding and may is deemed to be discretionary. It is further
noted that the Judicial Canons are intended to provide a structure for
regulating judges through disciplinary agencies, to govern the conduct
of judges and to be binding on them.
Some
of the provisions in these Canons are as follows:
A judge
is to maintain and enforce high standards of conduct; a judge "shall"
respect and comply with the law and "shall" act at all times in
a manner that promotes public confidence in the integrity and impartiality
of the judiciary; a judge "shall" be faithful to the law and maintain
professional competence in it; a judge "shall" be patient, dignified,
and courteous; a judge "shall" perform judicial duties without bias
and prejudice; a judge "shall" not initiate, permit or consider
ex parte communications; and a judge "shall" dispose of all judicial
matters promptly and fairly.
We
know that the judicial conduct commissions reach a determination in only
one percent of the cases, so obviously these Judicial Canons generally
are not enforced in the disciplinary proceedings. The Florida Judicial
Qualifications Commission as all the other commissions in other states
have demonstrated that they operate for the best interest of the judges.
As you can see, the judicial system is an honor system, without any provision
to protect the public from judges who fail to follow the law and engage
in improper activities through their decisions. The failure of the judiciary
to exercise even handed judgment based on the rule of law, is causing
a loss of public confidence in the judiciary's capacity and willingness
to regulate itself and disenchantment with the courts.
Judicial Handbook - explanation of exercise of judicial power - the ideal
of what judges may or may not do see:
http://jec.unm.edu/resources/judicial_handbook/ethics/ethics4thru500.htm#4200
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