Chapter 11 – The Judicial Branch
11.12 Ethical Considerations
Judicial independence is the principle that judges should make decisions based solely on the law and facts, free from political pressures or external influences. This principle is crucial for maintaining the integrity of the judicial system and ensuring public trust. However, this independence doesn’t always occur in practice. In Ohio, judges are elected through a political process, which can challenge their impartiality. For example, judges who campaign for office may feel pressured to make decisions that align with the preferences of their voters or financial supporters, rather than strictly adhering to the law. This is especially relevant for judges who plan to seek reelection.
In other states, appointed judges are also prone to political influence, especially when their selection involves governors with their own agendas or priorities. For examples, governors who appoint judges may choose candidates based on ideological alignment, policy goals, or pressure from interest groups. This underscores that true judicial independence is a complex and ongoing challenge because even appointed judges can face indirect pressures to align with the preferences of those responsible for their appointment.
Judges should adhere to a strict code of conduct that emphasizes integrity, independence, and impartiality to maintain public trust and ensure fair rulings. They should avoid conflicts of interest, remain unbiased, and uphold the law without favoritism. Additionally, judges must avoid any appearance of impropriety in their professional duties and personal lives.
Maintaining ethical standards involves continuous education and training. Judges in Ohio are required to participate in ongoing legal education to stay current with developments in the law and reinforce their commitment to ethical principles. By adhering to these guidelines and engaging in regular training, judges uphold the integrity of the judicial system and foster public confidence in the courts’ fairness and impartiality.
References
Ohio Legislative Service Commission. 2023. Chapter 11 – The Judicial Branch in A Guidebook for Ohio Legislators. Columbus OH p. 127-129.
Sracic, Paul A., and William C. Binning. 2015. Chapter 5 – Courts in Ohio in Ohio Government and Politics. Washington DC: CQ Press p. 86-87.
