The Council received a complaint from a woman alleging that the judge hearing her case was biased and not impartialwebid-20120006
The Council received a complaint from a woman alleging that the judge hearing her case was biased and not impartial. The complainant also alleged that the judge behaved improperly and was aggressive toward her and some of the witnesses. She complained that the judge violated international laws and conventions, as well as the Ethical Principles for Judges.
In reaching decisions on matters before them, judges exercise judicial decision-making authority. This includes assessing the evidence and arguments presented by the parties, as well as applying the law. One of the most important roles of a judge is to weigh the evidence and decide which party’s position to accept. This necessarily includes assessing the credibility of the parties and witnesses. The fact that a judge finds the evidence of one party or a witness believable, and that of another not credible, does not mean that the judge was biased or partial. It is instead a core component of the judge’s decision-making authority.
Even if a judge erred in his or her assessment of the evidence or application of the law, the Council has no authority to review such matters. The appropriate recourse is to appeal the decision to a higher court.
After a review of all the facts in this matter, it was found that the complainant did not raise any issue of judicial misconduct. As a result, the complainant’s allegations were dismissed and she was informed that her complaint did not warrant further consideration.Back