Topic > Judicial Interdiction - 703

Judges face constant challenges in their field of work as they need to balance their professional and social relationship with the prosecutors who appear before them in court. These relationships raise ethical questions as they could influence a judge's decision making and rationality in the outcome of a specific case, yet such relationships are not only acceptable, but are common for lawyers and judges socializing outside of the courtroom. The line is drawn when the relationship is more than friendship. These lines are clearly discussed in “Judicial Disqualification and Friendships with Lawyers” by Cynthia Gray. In his judicial journal, Gray describes that, although a social association with a lawyer does not necessarily raise reasonable questions about a judge's impartiality, a personal relationship may be so close that the judge is required to disclose the connection when the lawyer appears in a case and may even be so significant as to require disqualification of the judge. He states that there is "no simple litmus test" in examining cases of this type, many aspects help to analyze the relationship involved starting from the nature and degree of their social interaction up to the frequency with which a lawyer or solicitor appears before the judge. However, whatever the nature of the relationship, a judge may not be obligated to remove himself or herself from the case, but is obligated to disclose the relationship to all interested parties. Even if a judge is confident that he can make a rational decision in a case, the public is not aware of the judge's subjective feelings and, therefore, the judge must step back and try to objectively evaluate the relationship through other people's perspectives . Logically, a lawyer... mid-paper... to the judge's continued participation in the case. The complete separation of a judge from extrajudicial activities is neither possible nor wise; a judge should not isolate himself from the community in which he lives. Disqualification should not be used as a strategic move, it is there to ensure the rights of the accused or prosecutor. If a judge is subject to disqualification, a polite suggestion is appropriate without a motion or formal hearing to maintain an appropriate relationship between the lawyer and the judge in this type of profession. While practicing law, a judge should maintain such relationships and social interactions, however both should take into account the standards and principles described above which may have an impact or influence on the outcome of a case. Disqualification is a vital safeguard to preserve judicial neutrality.