Federal judges must adhere to the Code of Conduct of the United States Judges, which provides a set of moral principles and guidance ratified by the Judicial Conference of the US. The material advises law enforcement officers on the issues of independence and judicial integrity, anti-impropriety, allowable extrajudicial duties, as well as impartiality, and judicial diligence. A jurist must not hear cases in which they have personal knowledge of any disputed facts. Additionally, they must not preside over issues of personal bias concerning the case’s party or engage in the case in which they were previously involved (Banks, 2017). They must not resolve cases in which they have personal knowledge of financial interest in both parties or subjects of the issue. Judges have previous information on service to the legal profession through teaching, speaking, and writing. The central role is contained in the US Code of Conduct, which encourages them to participate in activities that improve the legal system, the law, and justice administration (Banks, 2017). This essay discusses whether certain advisory opinions regarding membership in a political club are appropriate considering its impacts on citizens’ constitutional rights.
Regarding the given prompt, some of the advisory opinions regarding membership in a political club are appropriate. For instance, judges must leave the judicial office in case they vie in a general or a primary election. This rule is vital because it ensures that such candidates do not abuse their service office during campaigns. Misuse can occur in disparate ways, including the selfish promotion of candidacy (Banks, 2017). Additionally, abuse may occur in forms that enshroud a judge’s moral decisions during the pre-election campaigns. Moreover, the court advises on resignation to prevent post-campaign abuse, which could be dissipated by leaving the office during that event. The decision also prevents the office from relying on post-campaign actions, such as recusal and correctional proceedings that target judges who misused their position. By imposing such measures, the court guarantees free expression and association, as well as equal protection among all election candidates. A jurist who does not hold any office powers cannot be thought to have abused them.
It is also appropriate not to engage in other political activities as a judge. The action prevents them from using the office to obtain special treatments for relatives and friends. They cannot take bribes and special favors targeted to the judicial office. Moreover, judges will not engage in improper political discussions with parties or counsels for partial sides in a case (American Bar Association, 2020). Engaging in other political activities encourages jurists to treat attorneys and litigants in egregious and inappropriate ways. It also tempts them to violate other specific measures, such as legal procedures about rules governing outside funds and the requirements for financial disclosure. Acting in other political affairs might pose prejudicial effects on the administration of the court’s procedures among reasonable parties.
Regarding the general prohibitions in canon five, it is appropriate that judges should not lead or hold any office in political organizations to exercise the principle of neutrality and partisanship. Directing and acting as a lawyer requires making moral choices following the duty owed to clients (Banks, 2020). Thus, avoiding leadership positions in political organizations promotes equality regarding the clients’ causes. Similarly, public expressions of judges may contain information that the legal system intended to have conveyed to the public regarding various practices but has not been deployed to the public (Banks, 2017). Most of their expressions also concern justice administration in particular cases. If the judge hears such issues, people can raise concerns about whether the jurist should be disqualified. Thus, guaranteeing them the freedom of expression in political organizations might undermine the confidence with which a democratic society is established.
A judge should not also “solicit funds for, pay an assessment to, or make a contribution to a political organization or candidate, or attend or purchase a ticket for a dinner or other event sponsored by a political organization or candidate” (American Bar Association, 2020, par. 1). This statement is considered appropriate because they regularly appear in court proceedings. Their independence and impartiality will be questioned when they preside over the political party’s members’ subsequent cases or entities in various issues. Political parties are prone to practicing invidious discrimination because they seek personal success at the expense of other social organizations’ goals. Therefore, a judge should avoid being tied to such activities as supporting assessments of political organizations or election candidates. Purchasing tickets for dinner, soliciting funds, or sponsoring other events means a judge promotes opposition of candidates for political offices, which is against the rule of independence and equality.
In conclusion, the court’s provisions on a judge’s code in canon five are appropriate regarding the considerations discussed above. Any event that is indirectly associated with the law ought to be free from the participation of the jurists to avoid undermining justice administration and to promote equality among all citizens. Avoiding political rallies helps judges to avoid being held liable for the post-meeting issues that such associations might trigger.
References
Banks, C. (2017). Criminal justice ethics: Theory of practice (4th ed.). Sage Publishers.
American Bar Association. (2020). Rule 4.1: Political and campaign activities of judges and judicial candidates in general.