Although regularly
consulted by other visitors, this
document is reproduced as a reference
material for an investigation by Brian
Deer into the Westway
Development Trust for
The
Sunday Times Magazine of June 17 2001. As
the North Kensington Amenity Trust, this
organisation, essentially a property
developer with tax advantages, was headed
for nearly nine years by and Old Bailey
judge
Lord
Chancellor's guidance on outside
activities and interests of judges
[June
2000]
General
Principles
Judges
must ensure that while holding full-time
judicial office they conduct themselves
in a manner consistent with the authority
and standing of a judge. They must not,
in any capacity, engage in any activity
which might undermine, or be reasonably
thought to undermine, their judicial
independence or impartiality. If in any
case any question of bias arises, judges
should follow the guidance in the decided
cases, including the Court of Appeal
judgment in Locabail. Judges may not
undertake any other remunerated
employment, nor receive or retain any fee
or emolument in any circumstances save
for royalties earned as an author. They
may not undertake any task or engage in
any activity which in any way limits
their ability to discharge their judicial
duties to the full. They should so
conduct their private affairs as to
minimise the possibility of conflict or
embarrassment. If any doubt arises on the
application of these principles, a judge
should seek guidance from a senior
colleague or Head of Division or the Lord
Chancellor or his Permanent Secretary.
The
following paragraphs provide further
guidance on types of interest or activity
which are most likely to occur. The
guidance is not designed to be
exhaustive. If a judge has any doubt
about his particular interests or the
propriety of a particular undertaking,
the Lord Chancellor will always be ready
to advise him.
Financial
interests
There
is normally no objection to a judge
holding shares in commercial companies.
However, there is a long-standing rule
that no judge should hold a commercial
directorship. This applies to a
directorship in any organisation whose
primary purpose is profit-related. It
applies whether the directorship is in a
public or a private company, and whether
or not it is remunerated. Any person
holding such a directorship is therefore
expected to resign from it on appointment
to judicial office.
The
only exception to this rule is that a
judge may take part in the management of
family assets, including land or family
businesses, and may hold a directorship
in a private company for this purpose or
in a company formed for the management of
flats of which he is a tenant. However,
caution should be exercised even where
companies are solely owned by the judge
and his family.
Non-commercial
directorships
A
judge may continue to hold directorships
which relate to organisations whose
primary purpose is not profit-related,
and whose activities are of an
uncontroversial character.
Charitable
activities
If a
judge is involved in charitable
activities, including holding the
directorship of a charity, he should be
on his guard against circumstances
arising which might be seen to cast doubt
on his judicial impartiality or conflict
with his judicial office.
Political
or other activities
A
Judge must expect to forgo any kind of
political activity and also any other
activity which could make undue demands
on his time. He should be on his guard
against circumstances arising in which
his involvement in any outside activity
might be seen to cast doubt on his
judicial impartiality or conflict with
his judicial office.
Termination
of professional and business contacts
A
Judge is expected to terminate all
professional and business contacts with
his former partners and clients and to
sever professional connections with his
former chambers on taking up judicial
office save to the extent that such
contact is necessary for practical
purposes such as the receipt of
outstanding fees etc. A Judge should also
retire from the office of Trustee, where
such an appointment arose from a
professional or business relationship, if
this is likely to be seen to cast doubt
on his judicial impartiality or conflict
with his judicial office. In addition, no
Judge while holding full time judicial
office may maintain an office or make use
of office facilities in the premises of
the partnership, firm or chambers with
which he was formerly connected and he
should also bear in mind the need for
discretion in the number and frequency of
visits he makes there even where these
are of a social or personal nature.
Appointments
to judicial office are intended to be for
the remainder of a persons
professional life. Judges who accept
appointment to do so on the understanding
that following the termination of their
appointment they will not return to
private practice as a barrister or a
solicitor, and will not:
- provide
services, on whatever basis, as
an advocate (whether by way of
oral submissions or written
submissions) in any court or
tribunal in England and Wales;
- in
return for remuneration of any
kind, offer or provide legal
advice to any person.
For
the avoidance of doubt, former judges may
provide services as an independent
arbitrator/mediator and may receive
remuneration for lectures, talks or
articles. In cases of any doubt, the
advice of the Lord Chancellor or his
Permanent Secretary should be sought
before undertaking any services.
Membership
of local Law Societies
Where
members of the judiciary are members of
local Law Societies, the possibility can
arise of embarrassment, or risk of
criticism. These possibilities are the
greater where they are active members or
office-holders of the Society and plainly
greater still in smaller towns and
cities. Without therefore necessarily
precluding a judge's membership of such a
Society (particularly where it may be of
long standing and have given rise to no
difficulty), attention should be drawn to
the risks. It is suggested that a judge
should accept an invitation to join or
continue only if on consideration he is
quite satisfied that it would not lead to
difficulties. In future when a judge
joins a local Law Society, the Lord
Chancellor considers it should be on the
understanding that he cannot take an
active part in its functions. However, if
a judge has taken and still does take an
active part in a local Law Society, and
no difficulties have arisen, the Lord
Chancellor would not wish him to stand
down but will leave the matter to his
discretion.
Lecturing,
participation in conferences etc
There
is in principle no objection to members
of the judiciary speaking on technical
legal matters, which are unlikely to be
controversial, at lectures and
conferences or seminars organised by the
Bar or The Law Society, or by academic or
other similar non-profit making
organisations. Lectures and seminars
which deal with matters of more general
public interest may, however, raise wider
issues of policy, sometimes not
immediately apparent. Judges will
therefore wish to be cautious about
speaking at these. Depending on
circumstances, it could also be
inappropriate for a judge to accept an
invitation to deliver a public lecture or
participate in a conference or seminar
run by a commercial undertaking.
The
Lord Chancellor regards it as
inappropriate for a judge to receive a
fee personally for giving a lecture.
However, where a judge gives a lecture
for a commercial undertaking there is no
objection, if he considers that it would
be appropriate, to his requesting that
any fee otherwise payable be paid to a
charity of his choice. To avoid any
liability for tax, a judge should try to
ensure that payment is made direct to the
charity. Where this is not possible, eg
accounting reasons, and the charity would
otherwise lose out, a Judge may accept
the payment himself, provided that he is
prepared to pay the tax on that sum and
make the payment directly to the charity
himself. There is no objection to a Judge
accepting reimbursement of the cost of
any necessary travel and accommodation
necessitated by attending a suitable
lecture, conference or seminar.
Writing
books and articles
It
is a long-established tradition that the
writing of books and articles and the
editing of legal textbooks are not
incompatible with holding judicial office
and there is no objection to the
acceptance of royalties or fees for doing
so. Legal and technical books and
articles do not normally give rise to
difficulties but it may sometimes be
advisable for a judge to avoid writing on
a subject of wider or more general public
interest.
Generally,
however, the editorship of a journal is
considered incompatible with judicial
office, since this involves a regular
commitment. Furthermore, journals provide
platforms for opinions and, as such, they
represent a potential source of avoidable
conflict. Editorship of journals should
therefore normally be resigned on
appointment. If a judge believes he has a
case for exemption from this rule, he
should consult the Lord Chancellor or his
Permanent Secretary before his
appointment.
Misuse
of office, etc
A
judge should avoid any action which
involves, or may be seen as involving,
the exploitation or misuse of his
judicial position or title for private
purposes, e.g. in connection with local
planning issues. Members of the judiciary
are reminded that the facilities provided
at public expense including those for
dispatch of correspondence and stationery
are provided for use in carrying out
official duties and are not intended for
personal use/correspondence.
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