Judicial Ethics in the Ethiopian Judiciary

Study Notes

Independence of Judges

Independent judiciary is a pre-requisite for democratic and impartial administration of justice.
The Ethiopian Federal Judges Code of Judicial Conduct (2001) emphasizes the importance of maintaining judicial independence.
International instruments like the Bangalore Principles of Judicial Conduct, International Covenant on Civil and Political Rights, and Universal Declaration of Human Rights also support judicial independence.

Individual and Institutional Aspects of Judicial Independence

Judicial independence has individual and institutional aspects, as per Value 1 of the Bangalore Principles of Judicial Conduct.
Individual aspect of judicial independence is called personal or decisional independence, referring to the state of mind of judges.
Decisional independence is concerned with the judge's independence in fact, ensuring that judges are not influenced by external factors.

Security of Tenure and Financial Security

Security of tenure and financial security guarantee decisional independence.
Security of tenure exists when the other branches of government (executive or legislature) cannot remove the judge from office in a discretionary or arbitrary manner until retirement or for life.
Financial security implies the right of judges to non-reducible compensation while they are in office.

Constitutional Provisions

Article 78(1) of the FDRE Constitution establishes an independent judiciary at both federal and state levels.
Article 79(2) declares that judges are free from interference of any kind.
Article 79(4) ensures that judges cannot be removed from their office arbitrarily or at the discretion of the executive or legislature.

Ethical Norms and Judicial Independence

Judicial ethical norms play an important role in shaping the conduct of judges and giving concrete meaning to the idea of decisional judicial independence.
Judges should be free from undue or inappropriate pressures when performing their duty.

Rules of Code of Judicial Conduct

The rules of code of judicial conduct bearing on decisional independence of judges include rules related to ex parte communication, gifts, and certain problematic relationships.
Art 23 of the federal Code of Judicial Conduct prohibits ex parte communication, ensuring that judges do not discuss the merits of a case pending before a court.
The rules against ex parte communication protect the fundamental rights to be heard and ensure that the judge's decision is based on nothing other than law and evidence.

Description

Test your knowledge on the ethical duties of judges in Ethiopia, focusing on judicial independence and impartial administration of justice according to the Ethiopian Federal Judges Code of Judicial Conduct.