Thursday, July 17, 2025

Code of Conduct

 

Magistrate Codes and Conduct

Adapted and edited by Abraham Jacobson (2025) from the writings of Sarin Aeon.

Preamble:

An independent, fair, and impartial judiciary is indispensable to our system of justice. The legal system is founded upon the principle that a judiciary composed of individuals with integrity will competently interpret and apply the laws governing our society. Thus, the judiciary plays a central role in preserving justice and the rule of law. Magistrates, individually and collectively, must respect and honor their office as a public trust, striving to maintain and enhance confidence in the legal system at all times. They must avoid both the impropriety and the appearance of impropriety in their professional and personal lives.

This Code establishes standards for the ethical conduct of Magistrates and Magistrate candidates. It is not an exhaustive guide, as Magistrates are also governed by general ethical standards. However, it provides guidance, assists in maintaining the highest standards of conduct, and serves as a basis for regulating behavior through disciplinary actions.


Canon 1: Upholding Judicial Independence, Integrity, and Impartiality

A Magistrate shall uphold and promote the independence, integrity, and impartiality of the judiciary, avoiding all impropriety and the appearance of impropriety.

  • Rule 1.1: Compliance with the Law

    • A Magistrate shall comply with all laws, including this Code of Magistrates Conduct.

  • Rule 1.2: Promoting Confidence in the Judiciary

    • A Magistrate shall act at all times in a manner that promotes public confidence in the independence, integrity, and impartiality of the judiciary, and shall avoid impropriety and the appearance of impropriety.

  • Rule 1.3: Avoiding Abuse of Office Prestige

    • A Magistrate shall not abuse the prestige of their office to advance personal or economic interests.

Gorean RP Considerations for Canon 1:

  • This Canon addresses the critical importance of a Magistrate's public image and behavior, both in-character (IC) and out-of-character (OOC).

  • Appearance of Impropriety (Rule 1.2): This includes not using your position to put down others (women, fellow scribes) due to personal biases or perceived caste superiority. Such behavior diminishes respect for the caste.

  • Abuse of Prestige (Rule 1.3): Using the Magistrate title to gain advantages like a desirable home or status without actively performing duties (e.g., being AFK most days or rarely in your city) is unethical and violates Gorean law concerning work. Remember, there are real people behind the avatars, and their OOC actions impact the IC environment.


Canon 2: Performing Duties Impartially, Competently, and Diligently

A Magistrate shall perform the duties of their office impartially, competently, and diligently.

  • Rule 2.1: Giving Precedence to Official Duties

    • The duties of the Magistrate's office, as prescribed by law, shall take precedence over all personal and extra-Magistrate activities.

  • Rule 2.2: Avoiding External Influences a) A Magistrate shall not be swayed by public clamor or fear of criticism. b) A Magistrate shall not permit family, social, political, financial, or other interests or relationships to influence their conduct or judgment. c) A Magistrate shall not convey or permit others to convey the impression that any person or organization is in a position to influence them.

  • Rule 2.3: Competence, Diligence, and Cooperation a) A Magistrate shall perform their official and administrative duties competently and diligently. b) A Magistrate shall cooperate with other Magistrates and court officials in the administration of court business.

  • Rule 2.4: Responsibility to Decide

    • A Magistrate shall hear and decide all matters assigned to them, except when disqualification is required.

  • Rule 2.5: Decorum, Demeanor, and Communication a) A Magistrate shall require order and decorum in proceedings before the court. b) A Magistrate shall be patient, dignified, and courteous to litigants, witnesses, advocates, court staff, court officials, and others in an official capacity, and shall require similar conduct from those subject to their direction and control.

  • Rule 2.6: Disqualification a) A Magistrate shall disqualify themselves in any proceeding where their impartiality might reasonably be questioned, including but not limited to: 1) Personal bias or prejudice concerning a party or advocate, or personal knowledge of disputed facts. 2) Knowledge that the Magistrate or their Free Companion is a party, an officer/director of a party, acting as an advocate, or likely to be a material witness.

  • Rule 2.7: Supervisory Duties a) A Magistrate shall require court staff, court officials, and others under their direction and control to act consistently with this Code. b) A Magistrate with supervisory authority over other Magistrates shall take reasonable measures to ensure they properly discharge their responsibilities, including prompt disposition of matters.

  • Rule 2.8: Responding to Misconduct a) A Magistrate with knowledge that another Magistrate has committed a Code violation raising substantial questions about their honesty, trustworthiness, or fitness shall inform the appropriate authority. b) A Magistrate with knowledge that an advocate has committed a violation of Professional Conduct Rules raising substantial questions about their honesty, trustworthiness, or fitness shall inform the appropriate authority. c) A Magistrate receiving information indicating a substantial likelihood of another Magistrate's Code violation shall take appropriate action. d) A Magistrate receiving information indicating a substantial likelihood of an advocate's violation of Professional Conduct Rules shall take appropriate action.

Gorean RP Considerations for Canon 2:

  • Precedence of Duties (Rule 2.1): This specifically covers situations where a Magistrate's in-character personal activities (e.g., spending most days in a tavern, ignoring duties for private leisure) violate the Gorean Law concerning work and the responsibilities of their caste.

  • Cooperation (Rule 2.3): As members of a special group of scribes, referred to as "brethren," Magistrates are expected to act collaboratively and respectfully towards each other.

  • Disqualification (Rule 2.6): If personal relationships (friends or dislikes) could affect judgment, a Magistrate should recuse themselves. Instead, a moderator or another Magistrate should be called upon to handle the matter.


Canon 3: Minimizing Conflict in Personal Activities

A Magistrate shall conduct their personal and extra-Magistrate activities to minimize the risk of conflict with the obligations of their office.

  • Rule 3.1: Extra-Magistrate Activities in General

    • A Magistrate may engage in extra-Magistrate activities, unless prohibited by law or this Code. However, a Magistrate shall not: a) Participate in activities that interfere with the proper performance of their duties. b) Participate in activities that would lead to frequent disqualification. c) Participate in activities that would appear to a reasonable person to undermine the Magistrate’s independence, integrity, or impartiality. d) Engage in conduct that would appear to a reasonable person to be coercive.

No comments:

Post a Comment