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The example of the judge is an instructive one, although a little extreme. Due to the immense power vested in judges, even the tiniest perception of bias must b
by eigenvector 8y ago
The example of the judge is an instructive one, although a little extreme. Due to the immense power vested in judges, even the tiniest perception of bias must be avoided.
For instance, we might find it a bit troubling if the judge in a case is golfing with one of the lawyers on the weekend while the trial is ongoing, even if no gift or consideration is involved. Judges must also take care not to comment publicly on politics and thereby threaten their independence from the executive and legislative branches of government.
In contrast, in the Winnipeg city council example the gift is from the mayor to council members - all of them. They are all elected officials, including the gift-giver, and they work together on a daily basis. In fact, they might in the normal course of their jobs declare open allegiance or opposition to the positions of another member. Unlike a judge, who is sworn to impartiality and must exercise her judgement solely based on the facts before her, politicians are elected by the public based on their express declaration of partiality to a particular set of viewpoints. If we learned that the Mayor golfs with certain city council members who are known to oppose his policies, we might commend him for reaching across the aisle and fostering dialogue.
So while elected officials must be free from bribery, I don't think it's appropriate to apply the same standard with respect to token gifts that we would apply to a judge who acts as a finder of fact within an adversarial system.
- clubm8 8y ago>The example of the judge is an instructive one, although a little extreme. Due to the immense power vested in judges, even the tiniest perception of bias must be avoided. You can avoid being subject to a judge by not violating the law. You cannot avoid being subject to the law. If you think the "tiniest perception of bias must be avoided"for judges (who interpret the law), then the same extends to those who write it.
- eigenvector 8y agoEven if you want to apply judicial ethical standards to city lawmakers, then a member of city council giving a token gift to another member of city council is most analogous to a judge on a panel giving a token gift to another judge on the same panel which... would probably be OK? Legislators do not sit in personal, unilateral, legally binding judgement of each other, which is why their personal relationships are not analogous to that of a lawyer and a judge as the original article suggested.
- tomcam 8y ago> You can avoid being subject to a judge by not violating the law. It’s cool that you live in that wonderful country where no one gets thrown into jail unjustly. Unfortunately I live in the United States of America, which is not that country. I have spent three days in jail for something I didn’t do. It is also probably true that everyone violates laws during the day – we simply have too many laws to avoid this from happening.
- toufiqbarhamov 8y agoIf you think the "tiniest perception of bias must be avoided"for judges (who interpret the law), then the same extends to those who write it. Actually it’s not just his thoughts, it’s the ethical guidelines on the books. The same standards don’t exist for city councils, for obvious and easily comprehensible reasons. https://www.uscourts.gov/judges-judgeships/code-conduct-united-states-judges#c https://www.uscourts.gov/judges-judgeships/code-conduct-unit...
- lazyant 8y agoGiving a present was not only from the mayor: "A local business was similarly benevolent to councillors, distributing boxes of chocolates."