The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1925-09-03
LEGAL CODE LAYS DOWN LAW
FOR JUDGES AND DESCRIBES
PROPER CONDUCT ON BENCH
Code Scores Delay and Indecision in Court Parsanshp
Unbecomng Personal Behavior. and Judicial Egctism

jamestown. n. D.. Sept. 31-R-
An ideal judge should be temperate,
: attentive, patient, impartial, stud!-
Gus Of the principles Of law and di!-
igent in endeavoring 20 ascertain
the facts in eases which come before
him.
That is what the committee on eth
les Of bench and bar will tell the
lawyers Of the state at the annual
convention Of the North Dakota
State Bar Association a, Fargo Sep
TEN Der 9 and 10, a report Of the com
mittee, released for publication by
S. F.. Ellsworth, Of this city, com
mittee chairman, shows.
The committee will recommend
adoption Of u standard code Of
ethics for lawyers and judges, sim
liar to that adopted last year by the
American Bar Association.
THE assumption of the office OF
Judge casts upon the incumbent du-
ties in respect 70 his personal CON
duct which concern his relations TO
the state and its inhabitants, the lit
igants before him, the principles Of
law. the practitioners of law IN his
court and the witnesses, jurors and
attendants who aid him in the add
ministration Of its functions" the
report sets forth in its opening par
agraph.
Passing on to the public Interest
in courts it alleges that courts ex-
ist to promote justice and thus TO
serve the public interest. Their ad-
mlnistration should he speedy and
careful. Every judge should, at all
times. be alert in his rulings and in
the conduct Of the business of the
court. so far as he can, to make it
useful to the litigants and 10 the
community
Stress Proper Conduct
| Judges are urged to fearlessly OBJ
serve and supply the fundame mt al
! limitations and constitutional guar
antees of official conduct free from
| improperly or the appearance OF
mpropriety. They also are urged
TO avoid infractions Of law and to
make their personal behavior not
only on the bench and in pursuit Of
their duties. but also in their every
day lives above reproach.
| Judges also are urged TO Exhibit
industry and application commen-
surate with the duties imposed up
on Them" and to be prompt in the
performance Of their judicial du-
ties, recognizing that the time OF
the litigants, jurors and attorneys
is Of value and that habitual lack
Of punctuality on his part just!fies
dissatisfaction with the administra
ton of the business of the court"
The code advises against tolera
ton Of abuses and neglect bv clerk:
of the court and outlines what the
committee conceived as the proper
form Of court organization.
Censor Behavior
Judges are advised to maintain
uniform courtesy and civility' il
conducting the court business. bu
also are told to correct and criticize
unprofessional conduct of attorney
and counsellors brought to his at
: tention and "if adverse comment i
not sufficient corrective" to "sen'
the matter at once to the proper in
vestigating and disciplinary author
tiles"
An indirect thrust at political APP
pointments by judges is made in
! chapter which ayers trustees. re
ceivers. masters. referees. guardians
and other persons appointed by
judge to aid in the administrator
of justice should have the strictes
probity and impartiality an
should be selected with view sole
Nv to their character and fitness b
, him for personal or partisan ad
vantage. He should not permit hi
appointment to be controlled b
. other than himself. He should ais
avoid nepotism and undue favoritisr
in his appointments
Observe Care
ScrupulOus care in granting or an
proving allowances or fees to sue
appointees to prevent possible over
charges by them also is recon-
mended.
Judges are advised not to sit i
cases where they have even nom
inal pecuniary interest or where
near relative is party or in whic
! near relative appears before hi,
, as counsel. "He should not SUITE
his conduct to justify the impressio
y that any person can improperly in
fluence him or unduly enjoy his ia
, vor, or that he is affected by tn
$ kinship. rank, position or influenc
, Of any party or other person." add
: the code.
:, Warning is issued that judge
z should not be 'swayed by partisa
5 demands. public clamor or consider
atoms OF personal popularity or M
e toriety nor be apprehensive Of VI
: just criticism" and to rule the
a courts with firm but gentle han'
. avoiding disputes with counsel an
). interruptions of case except whel
necessary to clarity his mind on pc
tinent points.
Advice as to the proper attitud
for courts to take in "ex-parte" prt
ceedings. injunctions and other tecl
nical matters also is given togethe
with statement urging judges
: avoid private interviews, argument
or communications designed to il
e fluence his judicial action where il
T terests to be affected thereby al
I not represented before him.
:. Score Delay
:, Setting forth that "delay in tn
: administration Of justice is a con
: mon cause Of complaint" judges al
urged to use every reasonable NEAR
to expedite the business of the
court and to avoid continuanc,
whenever possible.
In rendering decisions and opil
ions judges are advised to clear