SOUTHWESTERN UNIVERSITY

COLLEGE OF LAW
Aznar Road Urgello St,
Sambang 11, Cebu City, 6000
Cebu, Philippines

POSITION PAPER
ON
PROBLEM AREAS OF JUDICIAL LEGAL ETHICS

Submitted to: ATTY. SUNITA DOOLANI

Professor

Submitted by: MANOLITO R. SALA

LLB-3

I. Problem

A judge should not become isolated from the

community in which a judge lives, the complete
separation of a judge from extra-judicial activities is
neither possible nor wise. 1 Separation of a judge
from friends and the community is not healthy
because it tends to isolate judges from both the
interests and concerns of their community,including
the legal community.2

While the aforementioned statements are true,

a judge ought to have accepted personal restrictions
to preserve the dignity of the judicial office he holds.
Will it then be prudent and ethical to state that there
are consequential effects when a judge joins lawyers
clubs and will their presence in the functions of said
organizations forms an impropriety act on their part.

1
Commentary to Canon 4A of the 1990 American Bar Association Model Code of Judicial Conduct
2California AdvisoryOpinion 43 (1994)

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II. Issues

(1) Whether or not there are effects if a judge joins

lawyers clubs like Young Lawyers Association of Cebu
( YLAC) for male judges, or Cebu Lady Lawyers
Association (CELLA), or International Federation of
Women Lawyers (FIDA ) for female judges?

(2) Whether or not it is proper for them to attend to

functions of said organizations?

III. Discussion

One cannot remove the cloud of doubt one person

has in mind as to the partiality of the decision of
these judges adjudicating cases handled by lawyers
from the same organization as the presiding judge.

Judges are seen by the public eye as one who

holds a degree of position that carries such
tremendous responsibility not only the prestige of
the office but the fact being by his decision, he is
able to change a person's life and to the lives of the
people that depends on the fate of the accused.

Judges should not be identified to belong to a

certain exclusive club of lawyers for his mere
membership will not be beneficial for his position as
a judge. Even if the said judge has the integrity and
character of an ideal judge defined in the annals of
Judicial Code of Conduct for judges, one cannot be
bar from questioning the partiality of the judge in
adjudicating cases handled with lawyers he is
robbing with.

Judges being a constant subject of public scrutiny

ought to accept personal restriction, they are to
conduct themselves in a way that is consistent with
the dignity of the judicial office.

In all of a judges activities shall there be no

appearance of impropriety and the avoidance

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thereof.

They are to abstain situations which might

reasonably give rise to the suspicion or appearance
of favoritism or partiality when dealing with
individual members of legal profession.

Canon 4 Section 1 to 3 in the Code of Judicial

Conduct provides:

SEC. 1. Judges shall avoid impropriety and the

appearance of impropriety in all of their activities.

SEC. 2. As a subject of constant public scrutiny, judges

must accept personal restrictions that might be viewed
as burdensome by the ordinary citizen and should do so
freely and willingly. In particular, judges shall conduct
themselves in a way that is consistent with the dignity
of the judicial office.

SEC. 3. Judges shall, in their personal relations with

individual members of the legal profession who practice
regularly in their court, avoid situations which might
reasonably give rise to the suspicion or appearance of
favoritism or partiality.

Thus, it is more beneficial for a judge to inhibit from

participating in these organization while in active
duty as a judge and there presence in functions of
said organizations will only cast doubt to his
partiality which is against the provision of Canon 4
Section 3 of the Judicial Code of Conduct.

IV. Conclusion / Recommendations

It has been established from the above discussion

that judges participation in lawyers organizations
creates consequential effects not only to the persons
in legal profession but as well as for common
people as the former might it beneficial in obtaining
favorable decisions from the judge and the latter
seeing an unholy union of the presiding judge and
ones party's legal counsel.

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 To assure compliance of the provisions of Canon 4
Section 1 to 3 in the Code of Judicial Conduct, it is
opined that judges while active in judicial service
must inhibit from joining or participating lawyers
organization and should bar themselves in attending
its functions.

Such recommended actions is seen to put an

end of judges being seen in such gatherings and
being seen as being impartial.