Bill: Rejected XL Judiciary Conduct Act

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xLayzur

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xlayzur
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A
BILL
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Amend the Constitution

The people of Democracy Craft, through their elected Representatives in the Congress and the force of law ordained to that Congress by the people through the constitution, do hereby enact the following provisions into law:

1 - Short Title and Enactment
(1) This Act may be cited as the ' XL Judiciary Conduct Act.'
(2) This Act shall be enacted immediately upon its signage.
(3) This Act was authored by xlayzur, tagline: XL
(4) The Act has been co-sponsored by: Speaker Mhadsher101 & Rep. Rurge

2 - Reasons
The legal system relies on one promise to keep an independent, fair, and competent judiciary that will interpret and apply the laws that govern us. These principles are intended to act as basic standards which should govern the principles of all judges and provide guidance to judges in establishing and maintaining high standards of judiciary.

3 - Terms

These Principles shall be displayed in Section ii - Courts “Principles of Judiciary Conduct.”

4 - Principles of Judiciary Conduct

Principle 1: The Integrity and Independence of the Judiciary


An Independent and honorable judiciary is indispensable to justice in our society. A judge should participate in establishing, maintaining and enforcing high standards of conduct, and should personally observe those standards so that the integrity and independence of the judiciary are preserved.

(1) A judge shall comply with the law and should act at all times in a manner that promotes confidence in the integrity of the judiciary.

(2) A judger shall not allow any relationship to influence judicial principles or judgment. A judge shall not lend the abilities of judicial office to benefit the private interests of the judge or others: nor shall a judge convey to others the impression that they are in a special position to influence the judge.

Principle 2: Judicial Duty Responsibility

The judicial duties of a judge take precedence over all judge’s other activities. Judicial duties include all the duties of the judge’s office prescribed by law. In the performance of these duties, the following standards apply:

(1) A judge shall hear and decide matters assigned to the judge

(2) A judge should be faithful to the law and shall maintain professional competence in it. A judge shall not be swayed by partisan interests, public clamor, or fear of criticism.

(3) A Judge shall perform judicial duties without bias or prejudice.

(4) A judge shall not disclose or use, for any purpose unrelated to judicial duties, nonpublic information acquired in a judicial capacity. The discussions, votes, cases stance, and writings of judges shall only be revealed by court judgments or written opinions by the Supreme Court or via Freedom of Information.

(5) A Judge shall not disclose or use, for any purpose unrelated to judicial duties, nonpublic information acquired in a judicial capacity.

(6) A judge with supervisory authority over the judicial performance of other judges should take rational measures to assure the prompt disposition of matters before them and the right performance of their other judicial responsibilities.

(7) A judge shall not make unnecessary appointments. A judge shall exercise the power of appointment impartially and on the basis of merit. A judge shall avoid nepotism & favoritism.

(8) A judge who receives information about another judge who has committed a violation of these principles should take appropriate action.

Principle 3: Minimize the Risk of Conflict

(1) A judge may participate in charitable activities that do not reflect adversely upon the judge’s impartiality or interfere with the performance of judicial duties.

(2) A judge should not give investment advice to such an organization but may serve on its board even though it has responsibility for approving investment decisions.

(3) A judge shall refrain from financial and business dealings that tend to reflect adversely on the judge’s impartiality, interfere with the proper performance of the judicial duties, exploit their judicial position, or involve the judge in frequent transactions with a lawyer or person likely to come before the court on which the judge serves.

Principle 4: Inappropriate Political Activity

(1) A judge shall not authorize the public use of their name endorsing another candidate for any public office, except that either may indicate support for a political party. A judge however may attend political events and express their views on political matters.

(2) A judge shall resign from judicial office upon becoming a candidate in a contested election for a non-judicial office either in primary or in a general or special election.

Principle 5: Compliance with the Principles of Judiciary Conduct

A. The following persons shall comply with all provisions of this Principle:

(1) The Supreme Court
(2) The Federal Court
(3) The District Court

B. Structure of Principles

The Principles of Judiciary Conduct is intended to establish a basic standard for the ethical conduct of judges.

The Principles are designed to provide guidance to judges to provide a structure for regulating conduct through the Conduct. It is not designed or intended as a basis for civil liability or criminal prosecution. It is not intended however that every transgression will result in disciplinary action.

C. Terminology

(1) “Shall” or “shall not” denotes binding obligations the violation of which can result in disciplinary action.

(2) “Should” or “should not” relates to aspirational goals and is a statement of what is or is not appropriate conduct but not a binding rule under which a judge may be disciplined.

(3) “May” denotes permissible discretion or, depending on the context, refers to the action that is not covered by specific proscriptions.
 
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