NCJ Number
86031
Date Published
1980
Length
119 pages
Annotation
This text describes legal and ethical problems that confront judges in Canada, especially newly-appointed ones, and suggests solutions to assist them in performing their duties.
Abstract
Initial observations on judicial conduct in and out of court consider investments, personal and professional associations, outside teaching and speaking activities, and courtroom etiquette. Guidelines for conduct in various aspects of the trial situation first examine criteria for disqualification. Other suggestions cover preparing for a trial, granting delays and adjournments, judges' notes, contempt ex facie, circumstances requiring judicial intervention, discussions with counsel, and jury trials. Also discussed are problems posed by publicity and photographs and handling a situation where the counsel for one of the litigants wants to testify on behalf of his or her client. Plea bargaining receives considerable attention, and several cases are cited to support the belief that judges should not participate in plea bargaining. According to the book, judgments should specify the underlying rationales and be given as quickly as possible. Suggestions on writing reasons for the judgement examine the writing style, format, and citing of sources, textbooks, periodicals, and other authorities. The application of stare decisis and obiter dicta doctrines are reviewed, with attention to their history and position in both English and Canadian law. A final chapter comments that no case is unimportant and that all judges continually learn new things about the law. Pertinent cases are cited throughout the text.