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Code of ethics
The new statute passed on 29 August 1997 on judicial officers and execution imposes upon judicial officers an obligation to act in accordance with the law and their professional oath. Taking an oath, a judicial officer swears to go by the rules of dignity, honesty and honour. To make these general rules more palpable the Code of Judicial Officers` Ethics has been passed by the National Council. The Code introduces the following rules:
(...) § 1 1. Judicial officers` rules of ethics originate from the universal norms of ethics and the rules of lawyers` ethics in the European Union adopted to the judicial officers` profession. These unwritten rules have always existed in the minds of judicial officers as principles worth following. 2. A conduct contrary to the interest of the administration of justice is considered to be a violation of professional dignity, could humiliate a judicial officer and shake the public trust in him. 3. The rules of ethics have a double character: they are based on moral and legal principles and cause disciplinary responsibility. 4. After his appointment, the judicial officer on the next session of the assembly of the chamber of judicial officers ought to take the following oath: "I declare that I have become acquainted with the Code of Judicial Officers` Ethics and I swear solemnly to obey its provisions." § 2 1. The authorities of the corporation are to look after enlisting the best and most experienced lawyers as recruits for the profession, maintain high moral standards and protect the corporation from attacks upon its dignity and independence. 2. The authorities of the corporation should secure that: a) candidates fulfilling requirements of the statute had an equal and free access to the profession b) the procedure of taking personal decisions was free from external informal influence c) candidates should not strive for backstairs support or make any other humiliating efforts § 3 The provisions of The Code apply to trainees, assistants and retired judicial officers. § 4 1. A judicial officer is responsible for an offence against ethics in his professional and public activity as well as in private life and social contacts. 2. An offence against the principles worth following is a violation of seriousness and dignity of the office and causes disciplinary responsibility according to article 71 of the statute on judicial officers and execution. 3. A judicial officer must not avoid disciplinary responsibility or strive for a favourable decision in a way contrary to the law and principles of ethics. § 5 1. Every judicial officer is obliged to protect prestige and dignity of his profession and its system of values. He has the right to reprimand a colleague in a polite way for an offence against the rules of professional ethics. If the violation is sever he should initiate the disciplinary proceedings. 2. A judicial officer should avoid both- servilism in contacts with superiors and arrogance and lack of respect in contacts with inferiors and the parties to the proceedings. 3. Neither a judicial officer nor his employees should criticise another judicial officer in public. § 6 A judicial officer within his acts is limited only by the law, judicial decisions and rules of professional ethics. § 7 1. He should proceed in accordance with his best knowledge, honesty, impartially. fairly and effectively. 2. A judicial officer ought to develop his knowledge and professional qualifications by the means of participation in lectures and seminars in particular.
CHAPTER II § 8 A judicial officer is responsible for effectiveness of executory proceedings and he should: 1. observe the time limits of planned acts in execution and receive clients in proper time; 2. control the course and effects of his proceedings; 3. be polite at work and proceed in harmony with dignity of his office and possibilities. § 9 1. A judicial officer acts in favour of a creditor, with respect of debtor's rights and loyally to the administration of justice. 2. A judicial officer must not justify a violation of the rules of professional ethics and dignity with his client's suggestion. § 10 1. If a state or municipal institution is a party to judicial officer's proceedings, he is particularly obliged to act in harmony with seriousness and dignity of his office. 2. It is forbidden to manifest familiarity with persons employed at courts, public authorities and institutions. § 11 1. A judicial officer and his employees are obliged to keep in secret information gathered during his proceedings. 2. A judicial officer is responsible for keeping professional secrets. 3. Documents and notes, which are a part of the files, are secret. 4. While using electronic means of storing information a judicial officer should use programmes which warrant secrecy of data. 5. During the process of transmitting data by means of electronic post a judicial officer ought to take special precautions to protect the information from being accidentally revealed to the wrong people. § 12 In case of a search of judicial officer's office or flat he has the right to ask for the presence of a representative of the corporation § 13 A judicial officer must not take part in proceedings if: 1. they are taken against his husband/ wife, brother, sister, next of kin or a person with whom he is in the state of dispute 2. if one of the persons listed in point 1 acts as a debtor's proxy. § 14. A judicial officer is obliged to control the course of proceedings and inform his client about its progress and effects. § 15 In his financial dealings with the parties to executory proceedings a judicial officer must act scrupulously. § 16 1. A judicial officer cannot use any kind of publicity. 2. The following acts are considered to be examples of unfair competition: a) deriving benefit from "creditor- touts" services; b) gaining clients by the means of proposing grossly low fees and referring clients to his colleagues in laborious cases bringing low profits; c) taking procedural steps in cases commenced by another judicial officer without his consent; d) gaining clients in an unfair way contrary to the rules of loyalty to his colleagues; e) getting a monopoly of profitable proceedings over a given area with the help of representatives of the administration and business; f) putting advertisements in the press; g) giving interviews about proceedings initiating broadcasting and making comments upon his acts in the media; h) using the media to advertise his services; i) taking over trainees, assistants and employees of another judicial officer without his consent. 3. A judicial officer has a right to use his academic distinction. 4. The information about a judicial officer in Internet or phone-books may consist of the following data only: profession, name, surname, academic distinction, address, phone/fax/ number. The information should not be different in kind from settled standards. 5. The Councils of Judicial Officers` Chambers and the National Council are entitled to spread information about judicial officers` professional activity in the press and other media.
CHAPTER III § 17 Performing functions in the authorities of the corporation is a right and a duty of every judicial officer. § 18 1. A judicial officer who has been elected to the authorities of the corporation is obliged to participate in their activities and carry into effect the will of the entire corporation with the highest conscientiousness. 2. A judicial officer elected to the disciplinary committee appointed by the National Council must not take part in the activity of the corporation or perform the duties of an inspector. § 19 1. The National Council and councils of chambers of judicial officers see to the honour of the profession and public respect. 2. A judicial officer ought to respect decisions of the corporation and co-operate with authorities in all matters concerning his profession. § 20 1. A judicial officer summoned by the authorities of the corporation is obliged to appear in front of them and present necessary documents concerning his activity. 2. The Council of Chambers of Judicial Officers should give careful consideration to judicial officers` suggestions and motions. 3. A judicial officer must participate in the National Assembly and in the assembly of the members of a local chamber. § 21 Judicial officers should advise and help each other in professional activities, strengthen integration and solidarity for the good of the entire administration of justice. § 22 A judicial officer should comply with the rules of kindness, loyalty and amicability in contacts with his colleagues, try to create good relationship, have good manners, abide of the rules of mutual friendliness and respect. § 23 Disputes between judicial officers should be settled by the proper authorities of the corporation. § 24 A judicial officer during his professional activity and afterwards should not make use of his experience to publish hand-books for the parties to the proceedings.
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Exchange rates of 2010-07-29
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The code of judicial officers` professional ethics
Copyright by Currenda & WMKiW, Sopot 2006 |
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