‘Ain’t Misbehavin’

Judicial Conduct and Misconduct

  • Barrie Lawrence Nathan


This article looks at recent cases of judicial misconduct and alleged judicial misconduct. These include examples of judicial bias, or the appearance thereof, in relation to parties and to lawyers and failure to recuse oneself, judicial reaction to press criticism, judges using their court computers to watch pornography, a judge responding to a defendant’s bad language by using bad language herself, a judge with outdated views about rape and whether another judge’s comments about rape in passing sentence were validly criticized. The way in which the Judicial Conduct Investigations Office and other judges have dealt with complaints of judicial misconduct is discussed and in some cases found wanting.

Keywords: judicial misconduct, judicial discipline, bias, recusal, pornography, rape


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