Judicial Ethics in Australia 4th ed

Australia Title

In an era of heightened scrutiny, Judicial Ethics in Australia 4th edition explores the foundational principles that uphold the integrity and independence of Australia’s judiciary. From the importance of judicial collegiality to the ethical dilemmas posed by personal conduct and financial interests, this text offers a comprehensive examination of the standards that shape public confidence in the courts. It delves into the challenges judges face — interpersonal conflict, misconduct, bias, and accountability. It highlights the delicate balance between judicial independence and the need for transparency, offering insights into disciplinary processes, recusal obligations, and the ethical boundaries of community involvement.

Features

• New content addressing the establishment of civil and administrative tribunals in each jurisdiction, and the applicability of norms of judicial ethics to their members
• Updates to the changes in appointment processes in each jurisdiction involving nomination and the answering of selection criteria
• Revised commentary on the proper administration of judges’ chambers, the relationship between judges and associates, and guidelines on inappropriate conduct and sexual harassment
• New content about the maintenance by judges of their mental health
• Updates to the analysis of the law with respect to actual bias and a reasonable apprehension of bias
• Expansion of the discussion on judicial bullying and proper courtroom conduct
• Revisions to the content relating to the preparation and delivery of reasons, including the nature and extent of the obligation to give them, and consideration of the impact of delays
• New content about the establishment of judicial conduct commissions (such as in South Australia) and the formalisation of complaints procedures, including the expansion of management powers exercisable by heads of jurisdiction
• Revisions to the content relating to managing self-represented litigants
• Updated content on post-judicial careers of judicial and quasi-judicial officers

table of content

Chapter 1 Origins

Chapter 2 The Term ‘Judicial Ethics’

Chapter 3 General Tests for Determining

whether Conduct is Unethical

Chapter 4 Proper and Improper Conduct in Office

Chapter 5 Bias and Prejudice

Chapter 6 Dealings with Colleagues

Chapter 7 Community and Media Relations

Chapter 8 Community Organisations and Social Conduct

Chapter 9 Financial Dealings

Chapter 10 Lawful Sexual Conduct and Crime

Chapter 11 Politics, Commissions, and Dealing with Government Officials

Chapter 12 Misuse of the Prestige of Office

Chapter 13 To Whom the Standards Apply

Chapter 14 Enforcement

Chapter 15 Life after the Bench

Chapter 16 A Historical Perspective

Chapter 17 The Future