The role of the judge is to render justice within the framework of the law. This role is a privilege that only a lawyer or notary who has practiced his or her profession for at least 10 years can covet. In order to become a judge, you took an oath to “serve the ideals of Justice and Truth on which the rule of law is based.” This commitment is solemn and fraught with consequences. The profession of judge is governed by the Courts of Justice Act, as well as by the Code of Ethics of the Judiciary and the Code of Ethics of Municipal Judges of Québec. It is up to the Judicial Council to ensure their application and to investigate alleged ethical breaches. These breaches must have been the subject of a complaint, the filing of which is not time-barred, and may or may not have been committed before the appointment of a judge to the judiciary. As the practice of the profession of judge is highly regulated, we understand that it may expose you to disciplinary proceedings before the Judicial Council. At Lambert Lawyers, we are here to support you and protect your rights when your practice is called into question. Don’t wait to face the charges alone and contact us now for specialized legal assistance in disciplinary law and to be entitled to a solid defense, adapted to your situation.
Breaches of ethical duties
Under the Code of Conduct for the Judiciary, you have several obligations. Among other things, the judge must fulfill his or her role with integrity, dignity and honour while maintaining his or her professional competence. He must avoid any conflict of interest and must not only be impartial and objective, but must also appear to be so. In addition, his duties must be carried out usefully and diligently. At all times, the judge must also preserve the integrity and defend the independence of the judiciary, avoid any activity incompatible with his or her position, submit to the administrative directives of the Chief Justice, and show reserve, courtesy and serenity in public.
Delivering justice within the framework of the law
The judge has an obligation to render justice within the framework of the law and can only breach this obligation by acting in bad faith or on a whim, by failing to apply the law deliberately or by acting for a wrong purpose. An error of law made in good faith cannot constitute a breach of this duty. A breach of this obligation can be illustrated as follows: a judge refusing to hear a case and ordering conciliation or a judge rendering a judgment without hearing the parties.
Duty of integrity, dignity and honour
This duty applies as much to the conduct of a judge in the courtroom as in society. Accordingly, a judge’s conduct must be beyond reproach in the eyes of a reasonable, impartial and well-informed person.
In the courtroom
Thus, a judge must completely and absolutely refrain from any communication with a party in the absence of any other parties in respect of whom a decision is to be rendered. He must also refrain from meeting a witness in private without the knowledge of the parties. A judge must also refrain from making derogatory, inappropriate and inappropriate remarks against a party, a prosecutor or a notary.
In society
A breach of the law, such as fraud, is a breach of this ethical duty when liability is not recognized at the earliest opportunity and it is not an isolated act, in the same way as an abuse of authority for personal gain.
Legal Jurisdiction
Ideally, a judge should always be prepared and informed about the social issues he or she faces on a daily basis in his or her work.
Conflicts of interest
A judge must declare any friendly relationship with a witness to the parties. In addition, a judge may not hear a case in which he or she has a present or former relationship with a party, a prosecutor and any person related to the party or to the judge. Expressing feelings to the media about a pending case before you also violates this obligation.
Impartiality and objectivity
A judge is presumed to be impartial, but he must still actively demonstrate this by his attitude, his behaviour and his interventions. This obligation is continuous. Bias has been demonstrated in a number of circumstances, including a judge making derogatory comments about a party or a group of people, a judge commenting with obvious bias, or a judge making derogatory remarks about a type of business. Otherwise, a judge usurping the role of the crown attorney also breaches this duty.
Diligence
The attitude and words of a judge must in no way demotivate a party or lead him to withdraw his request. In addition, judgments must be rendered within a reasonable and justified time.
Activities incompatible with the exercise of judicial power
Different activities may be considered incompatible depending on the circumstances. For example, a judge’s participation in an advertising message was found to be inconsistent in Ruffo, as was the use of a judge’s title to promote a business he or she regularly frequents. Similarly, a judge cannot accept a sum of money or gifts, unless they are modest, in exchange for a conference.
Reserve, courtesy and serenity
During hearings, the judge must refrain from “delivering messages” or making political statements.
Integrity and independence of the judiciary
A judge must refrain from making derogatory comments about other judges.
Humour, threat, discrimination and contempt
A judge must refrain from making comments ridiculing a party, making derogatory gestures, using inappropriate humour and, depending on the circumstances, making sarcastic comments. A judge may also not threaten a party , such as sending him or her to prison or prosecuting him/her.
Duties during an investigation by the Judicial Council
During an inquiry, the judge must cooperate with the work of the inquiry committee. In addition, all of its ethical obligations continue to apply. In doing so, the employer must continue to refrain from making derogatory remarks or comments.
The complaint
The complaint against a judge can be filed by any person, without limitation. It must state the facts complained of, but the exact nature of the alleged breach does not have to be specified.
Consequences of a complaint
The Judicial Council has different options following the receipt of a complaint. If it finds a breach of ethics, the Council may reprimand the judge or recommend his or her dismissal to the government.
A reprimand consists of a formal reprimand to a judge so that his or her conduct is addressed, even though it does not entail any change in the conditions under which the office of judge is held. Nevertheless, a reprimand is considered a severe sanction in that it constitutes a certain finding of incapacity and is likely to affect the credibility of the judge in the eyes of the public and the legal community.
On the other hand, when a judge refuses to admit his fault and to amend his conduct, this sanction is no longer appropriate and dismissal is considered by the Judicial Council. In some cases, a “severe reprimand” may be given when neither reprimand nor dismissal is appropriate.
The profession of judge is based on fundamental principles such as integrity, impartiality and independence. However, judges are not immune to ethical challenges that may arise in the performance of their duties. At Lambert Lawyers, we understand the personal and professional implications that disciplinary complaints can have. Our team of lawyers specializing in professional law is there to guide you, protect your rights and defend your reputation with rigor and expertise. Don’t wait to act. Contact us today for a confidential consultation.