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 person’s 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.