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[大法官讲坛][Ethical Rules that Apply to U.S. Federal Judges][John M. Rogers][11月7日]

(2013/10/24 11:54:48)

演讲题目:Ethical Rules that Apply to U.S. Federal Judges

主 讲 人:John M. Rogers
              
    Judge, United States Court of Appeals for the Sixth Circuit;Chairman, United States Judicial Conference Committee on  Codes of Conduct

主 持 人:时延安教授,中国人民大学法学院副院长

时    间:2013年11月7日 14:00-17:00

地    点:明德法学楼601国际报告厅

演讲摘要:
   
Introduction

Two separate court systems in the USA—federal and state.
   
Brief history of the Code of Conduct for federal judges.

Enforcement:   Discipline or even impeachment, but mainly to preserve reputation.
   
Advice for federal judges:  the Codes of Conduct Committee and how it works.

What the Code Covers

Canon 1: Uphold the Integrity and Independence of the Judiciary

Obey and respect the law.
          
Keep independent from state governments and from other branches of the federal government.

Canon 2: Avoid Impropriety and the Appearance of Impropriety in All Activities
           
Do not abuse the power of a judge, or use the prestige of a judge for private or unofficial purposes.

Canon 3: Perform the Duties of the Office Fairly, Impartially and Diligently
            
Recuse from cases in which impartiality might reasonably be questioned.
            
Personal bias or knowledge of facts
           
Prior service by judge as lawyer in the matter
            
Financial interest of judge or family member
            
Family member (e.g., uncle or grandmother) is a party or lawyer or has a substantial interest.
            
Prior government service in connection with the case.
            
Avoid improper ex parte contacts.

Canon 4: Engage in Extrajudicial Activities, [but only if they] Are Consistent with the Obligations of Judicial Office
            
Cannot practice law.
            
Generally ok to give speeches or teach classes.
            
Usually OK to be on the board of a charitable organization
            
OK to donate to charities.
            
NO fundraising.

Canon 5: No Political Activity
            
OK to vote.
            
No campaigning, even bumper stickers or yard signs.
            
No political public speaking.
            
No attendance at political events.
            
No donation to political parties.

There are also gift regulations, not technically in the Code, but legally binding.
       
No gifts from people or enterprises with interest before the court, especially lawyers.
       
Minor exceptions.

Conclusion
      
Generally, judges want to comply with these canons, and would lose face if it appeared that they did not comply.  Judges can research our Committee’s prior advice with online sources, and also get advice from us when they are not sure whether what they are about to do is in compliance with the Conduct Code.

    (编辑 高洁)

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