New Code of Judicial Conduct

CANON 6
COMPETENCE AND DILIGENCE

INTRODUCTION
A competent judiciary is a cornerstone of a strong
nation. Improving the skills of judges will help
preserve the integrity of the court while improving
procedural fairness in the court system.

The New Code of Judicial Conduct requires

judges to be competent and to manage each
case with due diligence. However, it does not
recommend a complete definition of
competence and diligence, thus, there is
vagueness on what constitute and how should
the term be understood.

THE PROVISIONS
Sec. 1. The judicial duties of a judge take precedence
over all other activities.

Sec. 2. Judges shall devote their professional activity to

judicial duties, which include not only the performance
of judicial functions and responsibilities in court and the
making of decisions, but also other tasks relevant to the
judicial office or the courts operation.

THE PROVISIONS
Sec. 3 . Judges shall take reasonable steps to
maintain and enhance their knowledge, skills, and
personal qualities necessary for the proper performance
of judicial duties, taking advantage for this purpose of
the training and other facilities which should be made
available, under judicial control, to judges.
Sec. 4. Judges shall keep themselves informed about
relevant developments of international law, including
international conventions and other instruments
establishing human norms.

THE PROVISIONS
Sec. 5. Judges shall perform all judicial duties,
including the delivery of reserved decisions,
efficiently,
fairly
and
with
reasonable
promptness.

Sec. 6. Judges shall maintain order and

decorum in all proceedings before the court and
be patient, dignified and courteous in relation to
litigants, witnesses, lawyers and others whom
the judge deals in an official capacity. Judges
shall
require
similar
conduct
of
legal
representatives, court staff and others subject to
their influence, direction or control.

THE PROVISIONS
Sec. 7. Judges shall not engage in conduct
incompatible with the diligent discharge of
judicial duties.

OBSERVATIONS

1. The New Code of Judicial Conduct is too broad in

terms of a judges competence and diligence;
2. The degree of diligence required to be observed
by judges in performing their official functions is not
properly defined and identified in the provisions of
the Code;

3. The New Code of Judicial Conduct fails to

promote, as an ethical principle of a judge the
involvement in academe, legal education and other
similar form of exposure to maintain competence;

OBSERVATIONS

4. There has been no mention of the particular

yardstick to be used in determining what constitutes
reasonable promptness in the disposition of cases
in the courts;
5. The provision mentions that judges should
keep themselves informed about relevant
developments of international law, however, fails
to include developments in domestic law;
6. The provision include efficiency, fairness and
promptness but never consider accountability as
part of
competence and diligence;

RECOMMENDATIONS

1.

Competence should be considered as an administrative

matter and or qualification to be managed as factor in the
judges career rather than an ethical obligation;

2. The judiciary should come up with a separate and more

specific outline when it comes to the coverage of the ethical
principles;

3. The judiciary should be stricter in choosing judges to sit

before the courts like having an examination, a training
curriculum for two years to be concluded by a final exam before
they can be appointed as full judges as an additional
requirement or qualification other than their experience,
education, age. On this manner, the competence of the judges
are ensured and could address the long line of cases against
judges for gross ignorance of the law;

RECOMMENDATIONS

4. The ethical principle of competence should

include judges involvement in academe, legal
education and other similar forms of exposure;

5. There should be a specific yardstick in

determining reasonable promptness in the
disposition of cases;
6. If the judges competence and
diligence will be based on the number of cases
pending before their sala, the system should
consider a Rationalization Plan in the
judiciary, that is to increase the number or
court personnel to decrease the burden of
work and to have
adequate resources;

RECOMMENDATIONS

7 . The judiciary should consider the principle of

Quality over Quantity by setting a maximum number of

cases in every sala or increase the number of courts;

8 . The trainings should be detailed, in-depth, and

diverse;

9 . The provision should include domestic laws and not

to highlight only international laws;

10 . There should be a provision which expressly

imposes accountability of the judge; and

RECOMMENDATIONS
11 . There should be a provision on diligence
which provides the absence of persuasion by
partisan interest, public clamour or fear of public
criticism, in arriving decisions; and
12 . The degree of diligence required to be
observed by judges in performing their official
functions must be properly defined and identified
in the provisions of the Code.

RATIONALE

The New Code of Judicial Conduct has a great importance

in setting a standard norm on how judges will behave well
and worthy.
These ethical principles serve as guide for our magistrates
on their actions inside the court.
Competence is an important core value of judges, but
there should be a stricter rule on how to determine this
factor, and it is equally important that it should be
determined before a judge becomes a full time magistrate.
Diligence should have a definite yardstick for judges to
know their timeliness and specific limitations.

THANK YOU