Homework Question on The United States Court System
Write a 135- word essay for each case and one source:
CASE 1
In the code of conduct portion of the forum; The Code of Conduct for United State Judges was the topic chosen for discussion. This code if a set of principles and guidelines for the set and adopted by the Judicial Conference of the United States (“Code of Conduct for United States Judges”, 2016). In this code the judges are required to have judicial integrity, independence, diligence and impartiality, permissible extra-judicial activities and the avoidance of impropriety (“Code of Conduct for United States Judges”, 2016). The code requires the judges to follow the canon ethical:
Canon 1: A Judge Should Uphold the Integrity and Independence of the Judiciary
Canon 2: A Judge Should Avoid Impropriety and the Appearance of Impropriety in All Activities
Canon 3: A Judge Should Perform the Duties of the Office Fairly, Impartially and Diligently
Canon 4: A Judge May Engage in Extrajudicial Activities That are Consistent With the Obligations of Judicial Office
Canon 5: A Judge Should Refrain From Political Activity
Compliance with the Code of Conduct
Applicable Date of Compliance
The Published Advisory Opinion is used to provide ethical guidance for the judges and judicial employees in the interpretation of the code of conduct and ethic regulations (“Published Advisory Opinions” 2007).
It is interested that a judge who wanted to serve on a governing board of visitors for a nonprofit organization had to consider some of the following requirements:
- The judge must not receive any compensation for service to the organization, although the judge may receive reimbursement for expenses reasonably related to that service.
- The judge’s service must not interfere with the prompt and proper performance of judicial duties. “The duties of judicial office take precedence over all other activities.” Canon 3. Accordingly, a judge should consider existing judicial and extrajudicial obligations before accepting membership on a nonprofit board.
- The judge may not serve on the board of any organization that practices invidious discrimination. Canon 2C.
- The judge should not serve on the board of a nonprofit civic, charitable, educational, religious or social organization “if it is likely that the organization will either be engaged in proceedings that would ordinarily come before the judge or be regularly engaged in adversary proceedings in any court.”
These are just a few decisions that a committee will review before allowing a judge to contribute to their community through the service on a nonprofit board subject to certain ethical criteria (Published Advisory Opinions, 2009).
CASE 2 (for this case write an insightful response based upon the source below)
For this weeks forum I decided to study the US Court System. The maintenance of an independent judiciary is essential to a representative republic, the separation of powers and the integrity of the constitution. The Judiciary Code of Ethics Canon 5a states that:
- a judge should not hold political office or be a leader of a political organization
- publicly endorse or oppose a political candidate or engage in political speeches
- engage in political fundraising (“Code of Conduct for United States Judges”, 2016)
Canon 5b states that a judge should resign from his or her judicial duties upon becoming a political candidate and 5c prohibits a judge from being politically active unless it involves defending the independence of the judiciary anywhere in the world (“Code of Conduct for United States Judges”, 2016).
This code of ethics is particularly important in helping the judiciary stay independent. Over the years and particularly in modern times, the judiciary has been accused of being judicial activists (Geyh, 2016). This means that the judiciary is making law instead of interpreting it. If the judiciary engaged in politics then one political party or the pother would have a case against the judiciary. At that point, the court system would lose the confidence of the public. Can you imagine the uproar if U.S. District Judge Gonzalo Curiel engaged the Presumptive GOP presidential nominee Donald Trump (Kendall, 2016)?
The Code of Ethics does not indicate any oversight or tools to ensure that judges are abiding by the code. However, the Director of the Administrative Office of the U.S. Courts is responsible for the administration of the courts under 28 U.S.C. § 604 (“Governance & the Judicial Conference”, 2016). The Judicial Council supervises the Administrative director. Additionally, a circuit judicial council of each geographic region also oversees the pertinent district court (“Governance & the Judicial Conference”, 2016).
Homework Answer on The United States Court System
Case 1
Judges are requisite to abide by the law and uphold a high level of reliability and confidence in delegating their duties. This s means a judge should avoid coarseness and manifestation in all actions. In circumstances when a judge wants to be a member of any organization, he is tolerable to be a member of an organization only if it is nondiscriminatory (Neubauer, & Meinhold, 2016)
A judge’s membership in an organization that is involved in any resentfully biased group is forbidden by law violates. A judge is not prohibited from attending fund-raising of law-related and other organizations although the judge may not be a speaker or featured on the program of such an event (Neubauer, & Meinhold, 2016).