Ethical Principles for Judges


Book Description

This publication is the latest in a series of steps to assist judges in carrying out their onerous responsibilities, and represents a concise yet comprehensive set of principles addressing the many difficult ethical issues that confront judges as they work and live in their communities. It also provides a sound basis to promote a more complete understanding of the role of the judge in society and of the ethical dilemmas they so often encounter. Sections of the publication cover the following: the purpose of the publication; judicial independence; integrity; diligence; equality; and impartiality, including judicial demeanour, civic and charitable activity, political activity, and conflicts of interest.




Beverley McLachlin


Book Description

As a judge, Beverley McLachlin has had an unequalled impact on Canadian life. She stands out for her unique ability to stand up for the values and beliefs that reflect the best of Canada and Canadians. As chief justice, she led the way to assisted suicide legislation, far greater recognition of aboriginal rights and title, allowing safe injection sites for drug users and many other changes that have had a dramatic impact on Canadian life. Less well known is her work to modify the way the Supreme Court judges work together to emphasize collegiality and to encourage judges on the court to pay closer attention to real-world information about the issues they are considering. Her courageous action to defend the independence of the court and her own personal integrity when it was attacked by Stephen Harper — an incident discussed and documented fully in this book — underlines her strength of character and integrity. This book sketches Beverley McLachlin's experiences growing up in rural Alberta, attending university, becoming a lawyer and then a judge. At a time when governments were seeking qualified women for senior positions in Canada's courts, she was selected by politicians, both Liberal and Conservative, to fill progressively higher positions. Ian Greene and Peter McCormick focus on her time on the Supreme Court offering readers a balanced, informed perspective on the role she defined for herself, remarkable for her prodigious work and the clarity of her decisions. Their background as leading Canadian writers on the role of the judiciary in Canada allows them to offer an independent and readable appreciation of her contributions to Canadian life.




Disciplining Judges


Book Description

Globally, countries are faced with a complex act of statecraft: how to design and deploy a defensible complaints and discipline regime for judges. In this collection, contributors provide critical analyses of judicial complaints and discipline systems in thirteen diverse jurisdictions, revealing that an effective and legitimate regime requires the nuanced calibration of numerous public values including independence, accountability, impartiality, fairness, reasoned justification, transparency, representation, and efficiency.







Debating Judicial Appointments in an Age of Diversity


Book Description

What should be the primary goals of a judicial appointments system, and how much weight should be placed on diversity in particular? Why is achieving a diverse judiciary across the UK taking so long? Is it time for positive action? What role should the current judiciary play in the appointment of our future judges? There is broad agreement within the UK and other common law countries that diversity raises important questions for a legal system and its officials, but much less agreement about the full implications of recognising diversity as an important goal of the judicial appointments regime. Opinions differ, for example, on the methods, forms, timing and motivations for judicial diversity. To mark the tenth anniversary of the creation of the Judicial Appointments Commission (JAC) in England and Wales, this collection includes contributions from current and retired judges, civil servants, practitioners, current and former commissioners on the JAC and leading academics from Australia, Canada, South Africa and across the UK. Together they provide timely and authoritative insights into past, current and future debates on the search for diversity in judicial appointments. Topics discussed include the role and responsibility of independent appointment bodies; assessments of the JAC’s first ten years; appointments to the UK Supreme Court; the pace of change; definitions of ‘merit’ and ‘diversity’; mandatory retirement ages; the use of ceiling quotas; and the appropriate role of judges and politicians in the appointments process.







Judiciaries in Comparative Perspective


Book Description

An independent and impartial judiciary is fundamental to the existence and operation of a liberal democracy. Focussing on Australia, Canada, New Zealand, South Africa, the United Kingdom and the United States, this comparative 2011 study explores four major issues affecting the judicial institution. These issues relate to the appointment and discipline of judges; judges and freedom of speech; the performance of non-judicial functions by judges; and judicial bias and recusal, and each is set within the context of the importance of maintaining public confidence in the judiciary. The essays highlight important episodes or controversies affecting members of the judiciary to illustrate relevant principles.




Strengthening Forensic Science in the United States


Book Description

Scores of talented and dedicated people serve the forensic science community, performing vitally important work. However, they are often constrained by lack of adequate resources, sound policies, and national support. It is clear that change and advancements, both systematic and scientific, are needed in a number of forensic science disciplines to ensure the reliability of work, establish enforceable standards, and promote best practices with consistent application. Strengthening Forensic Science in the United States: A Path Forward provides a detailed plan for addressing these needs and suggests the creation of a new government entity, the National Institute of Forensic Science, to establish and enforce standards within the forensic science community. The benefits of improving and regulating the forensic science disciplines are clear: assisting law enforcement officials, enhancing homeland security, and reducing the risk of wrongful conviction and exoneration. Strengthening Forensic Science in the United States gives a full account of what is needed to advance the forensic science disciplines, including upgrading of systems and organizational structures, better training, widespread adoption of uniform and enforceable best practices, and mandatory certification and accreditation programs. While this book provides an essential call-to-action for congress and policy makers, it also serves as a vital tool for law enforcement agencies, criminal prosecutors and attorneys, and forensic science educators.




A Place Apart


Book Description

How accountable are judges for their decisions? Should they have greater independence? This study, by University of Toronto law professor Martin Friedland, examines the judiciary in Canada from a variety of perspectives and provides recommendations on these issues to the Canadian Judicial Council. Persons consulted include not only judges but also lawyers, government officials, administrators, and others. Topics include judicial selection, discipline, the administration of the courts, and more.




Portraits of Justice


Book Description

This volume profiles all the people who have served as Wisconsin Supreme Court justices and includes an introduction by Chief Justice Shirley Abrahamson summarizing the court's history and its vision for the future.