Some quotes on judicial misconduct – a Thread

We don’t have any definition of the constitutional standard for removal so here are some interesting passages on that issue for context:

‘When a serious stain was thrown upon the character of [ a judge] it was the duty of the House to inquire whether the individual was fit to exercise the important functions attached to his situation.’

Lord John Russel on the behaviour of Judge Kenrick 1826

‘What might be forgiven in the ordinary citizen may not necessarily be pardoned in the judge’

James Casey 2000

‘A judge who was guilty of conduct which lead people to point a finger of scorn saying, “who made thee a ruler and judge over us", should not be tolerated on the bench. Such scornful remarks destroy the confidence which people should have in judges.’

Lord Denning

‘Misbehaviour means conduct that is so morally wrong and improper that is demonstrates that a judge lacks the integrity to continue to exercise judicial office.’

New Zealand Solicitor General 1997

‘In the 50’s [an English] HC judge lost his faculties and pressure was put on him by his brethren to retire. It is said that upon his failing to respond to the pressure put upon him, no work was assigned to him. Finally he retired.’

Shetreet and Turenne

‘In the case for removal for “inability” stemming from a perceived character flaw, the emphasis is on the judge’s own ability to understand the error of his ways and reform himself.’

Shetreet and Turenne

‘Misconduct must be serious and flagrant, in a way which cannot be posited simply because there has been a failure to observe professional standards set out in guidelines on judicial conduct.’

Consultative Council of European Judges

The leading case on this issue is the Privy Council’s hearing on Chief Justice of Gibraltar in 2009.
4 ingredients were identified for characterising misbehaviour:
1.if it affects the ability of the judge to carry out the duties and functions of the office
...

2. if it affects perceptions of others as to the judge’s ability to carry out those functions
3. if allowing the judge to continue in office would be perceived as inimical to the public interest
4. if the judicial office would be brought into disrepute as a result of the conduct