JUDGES CODE OF ETHICS 2009
(1) This code of ethics may be cited as the judges' code of ethics 2009 .
(2) This code comes into operation on 1 July 2009.
(1) This code is intended to state the basic standards to govern the conduct of all judges and to provide guidance to judges in setting and maintaining high standards of personal and judicial conduct.
(2) This code shall apply to a judge throughout the period of his service.
In this code, unless the context otherwise requires:-
(a) a posthumous child and a dependent step-child of the judge; and
(b) a child adopted by the judge under any written law relating to adoption or under any custom or usage, upon satisfactory evidence of that adoption;
(a) the spouse of the judge;
(b) a son or daughter of the judge;
(c) a son-in-law or daughter-in-law of the judge;
(d) any person who lives in the judge's household;
(e) an employee of the judge; or
(f) a close relative of the judge;
"judge" means a judge of the Federal Court, the Court of Appeal, the High Court and includes a Judicial Commissioner;
"Committee" means the judges' ethics Committee established under the judges' ethics Committee Act 2009 [Act] .
(1) A judge shall comply with the provisions prescribed in this code.
(2) The breach of any provision prescribed in this code shall render a judge liable to disciplinary proceedings in accordance with the provisions of this code.
A judge shall exercise his judicial function independently on the basis of his assessment of the facts and in accordance with his understanding of the law, free from any extraneous influence, inducement, pressure, threat or interference, direct or indirect from any quarter or for any reason.
(1) A judge shall act at all times in a manner that promotes integrity and impartiality of the judiciary.
(2) A judge shall not:-
(a) allow any relationship to influence his judicial conduct or judgment;
(b) lend the prestige of his judicial office to advance his or others' private interest; and (c) convey or permit others to convey the impression to any person that they are in a special position to influence him.
(1) The judicial duties of a judge shall take precedence over all his other activities.
(2) A judge shall not participate in the determination of a case in which any member of the judge's family represents a litigant or is associated in any manner with the case.
(3) A judge shall perform his judicial duties without bias or prejudice.
(4) A judge shall dispose of all his judicial duties fairly, efficiently, diligently and promptly.
(5) A judge shall refrain from giving any public comment about a pending or impending proceedings which may be heard before the judge's court in a manner which may suggest to a reasonable person the judge's probable decision in any particular case.
(6) A judge shall not disclose or use any non-public information acquired in his judicial capacity for any purpose unrelated to his judicial duties.
(7) A judge shall endeavour to diligently and efficiently hear and complete the cases in his court and promptly write his
(1) A judge shall ensure that his extra-judicial activities do not:-
(a) cast reasonable doubt on his capacity to act impartially as a judge; or
(b) interfere with the proper performance of his judicial duties.
(2) A judge shall avoid close association with individual members of the legal profession, particularly those who practise in the judge's court, where such association might give rise to a reasonable suspicion or appearance of favouritism.
(3) A judge shall refrain from any conduct as a member of any group, association or organization or participate in any public discussion which, in the mind of a reasonable person, may undermine confidence in the judge's impartiality with respect to any issue pending before the court.
(4) A judge shall not participate in any political activities or involvement and shall refrain from any conduct which may give rise to an appearance that the judge is engaged in political activity.
(5) Subject to prope
A judge shall, on his appointment or at any time thereafter as may be required by the Chief Justice of the Federal Court, declare in writing all his assets to the Chief Justice of the Federal Court.
(1) A judge shall, on his appointment, cease to have any connection with the firm where he was practising as an advocate and solicitor prior to his appointment.
(2) For the purpose of subparagraph (1), the judge shall:-
(a) immediately relinquish all interest in the firm;
(b) ensure that he has no dealing with the firm or any member of the firm; and (c) ensure that his name is removed from the firm's name.
A judge shall comply with any administrative order or direction issued by the Chief Justice of the Federal Court, the President of the Court of Appeal and the Chief judges of the High Courts from time to time.
Any complaint against a judge who is alleged to have committed a breach of any provision of this code shall be made in writing to the Chief Justice of the Federal Court.
(1) Where a complaint is received under paragraph 12 and the Chief Justice is of the opinion that the complaint has no merit, he may dismiss it after consulting the President of the Court of Appeal if the judge complained of is a judge of the Court of Appeal, the Chief Judge of the High Court in Malaya if the judge complained of is a judge of the High Court in Malaya and the Chief Judge of the High Court in Sabah and Sarawak if the judge complained of is a judge of the High Court in Sabah and Sarawak.
(2) If the Chief Justice is of the opinion that the breach does not warrant the judge be referred to a tribunal appointed under Clause (4) of Article 125 of the Federal Constitution , the Chief Justice may refer the matter to the Committee.
(1) If it is determined under paragraph 13 that a judge be referred to the Committee, the Committee shall:-
(a) inform the judge in writing of the facts of the alleged breach of this code; and (b) give the judge an opportunity to make a written representation within a period of thirty days from the date he is informed of the alleged breach.
(2) If, after considering the judge's representation, if any, the Committee finds that:-
(a) there is no merit in the complaint, the Committee shall dismiss the complaint and notify the complainant and the judge of its decision; or
(b) there is merit in the complaint, invite the judge to appear before the Committee to be heard if he so desires.
(3) If, after due consideration of the representation made by the judge who appears before the Committee pursuant to subparagraph (2)(b), the Committee is satisfied that:-
(a) the breach is proven, the Committee may impose on the judge any one of the sanctions spe
A judge who is the subject of a disciplinary proceedings under this code is entitled to be represented by an advocate and solicitor if he so desires.
If the Committee is satisfied that the complaint is proven, the Committee may impose any one of the following sanctions:-
(a) the recording of an admonition to the judge; or
(b) the suspension of the judge from his office for such period not exceeding one year.
Any notice, document or communication left at or posted to or sent by any other reasonable means to the last-known address of the judge shall be deemed to have been duly served or communicated to the judge.
Any correspondence between the Committee and the judge under this code shall be signed by the Chairman of the Committee or any person authorized by him.
The judges' code of ethics 1994 [P.U. (B) 600/1994] is revoked.
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