Code of Conduct and Ethics for Judicial Officers
What this domain tests
This domain tests the Code of Judicial Conduct and the ethical standards expected of judicial officers. Expect questions on independence, impartiality, integrity, propriety, equality, and competence.
Core rules and concepts
- The Code applies to all judicial officers, not only judges of superior courts.
- Independence requires judicial officers to decide cases without interference from the executive, legislature, litigants, or the media.
- Impartiality requires both actual freedom from bias and the appearance of impartiality. A judge must recuse where a reasonable apprehension of bias exists.
- Propriety covers conduct in and out of court, including gifts, business interests, and public comment.
- Equality requires judicial officers to treat all persons with dignity and without discrimination.
- Competence and diligence require judicial officers to perform their duties promptly and properly.
Worked example
A judge is offered an expensive gift by a litigant. Reasoning: accepting the gift could create a reasonable apprehension of bias and breach propriety and integrity. The correct response is to decline the gift and, if necessary, disclose it. The judge need not wait for actual bias to arise.
Traps that cost marks
- Thinking the Code applies only to High Court judges.
- Confusing actual bias with the appearance of bias.
- Assuming private conduct is always outside the Code.
- Overlooking the duty to recuse where impartiality is reasonably questioned.