Restatement of Values of Judicial Life

The Restatement of Values of Judicial Life sets out ethical standards intended to preserve public confidence in judges and the judiciary. Its rule on public comments requires judges to avoid public debate or expressions of opinion on matters that are pending or are likely to arise for judicial determination.

The rule on public comments

Clause 8 states: “A Judge shall not enter into public debate or express his views in public on political matters or on matters that are pending or are likely to arise for judicial determination.”

• The restriction covers both participation in public debate and the public expression of views.
• It extends beyond cases already pending to matters likely to arise for judicial determination.
• The clause also expressly covers public debate or expressions of views on political matters.

Why the restraint matters

The underlying concern is judicial impartiality, including how impartiality is perceived by the public. Public comments on an unresolved issue can create an impression that a judge has formed a view before hearing the parties and considering their arguments.

• The Restatement’s opening standard requires judicial conduct to reaffirm public faith in the impartiality of the judiciary.
• The rule is framed as a standard governing judges’ conduct; it should not be confused with a general prohibition on public discussion of court cases by everyone.

The related standard on judicial communication

Clause 9 reinforces this restraint by stating that a judge is expected to let his judgments speak for themselves and shall not give interviews to the media.

• Read together, the clauses favour communication through reasoned judgments, rather than public commentary or media interviews.