Lecture Notes: Judicial Impartiality and Canon 3

Introduction

• Prohibition on reproduction and distribution of the material without consent.
• Focus on Canon 3: Impartiality in judicial processes.

Key Concepts of Impartiality

• Impartiality Definition (Albano): Capacity to apply law and render justice without favor, bias, or prejudice.
• Two aspects:
  • Impartiality in the decision.
  • Impartiality in the decision-making process.
• Importance of impartial judges being neutral and appearing neutral.

Judicial Duties and Impartiality

• Judges must perform duties without bias, maintaining public confidence.
• Judges should not handle cases where perceived biases exist.
• Importance of maintaining faith in courts, free from suspicion of bias or prejudice.

Sections under Canon 3

Section 1

• Judges must be free, disinterested, impartial, and independent.
• Due process requires impartial hearings.
• Importance of maintaining public confidence.

Section 2

• Judges' conduct should enhance confidence in their impartiality.
• Judges should avoid appearances of bias or personal interest in cases.

Section 3

• Doctrine of Duty to Sit: Judges must avoid unnecessary disqualification, which could delay proceedings.
• Rule of Necessity: A biased judge is preferred over no judge if no alternatives exist.

Section 4

• Judges should not comment on ongoing proceedings to maintain fairness.
• Sub Judice Rule: Restricts comments on judicial proceedings.

Section 5

• Disqualification criteria for judges:
  1. Actual bias or prejudice.
  2. Previous involvement as a lawyer or witness.
  3. Economic interest in the case.
  4. Family member involvement.
  5. Related cases under review.
  6. Family relations to litigants.
  7. Financial interests of judge’s family in the proceedings.
• Case Examples:
  • Judges’ past associations or personal relations can lead to disqualification.

Section 6

• Judges may disclose reasons for disqualification; parties can waive disqualification if agreed upon.
• Agreement must be recorded in court proceedings.

Conclusion

• Importance of judicial impartiality in maintaining trust in the legal system.
• Canon 3's role in promoting fair and unbiased judicial practices.