The Judicial Ethics Commission, an independent body of the governing bodies of the Judiciary, has issued two reports in which it recommends that members of the judicial career not attend political party rallies and, when it comes to demonstrations, to consider before If you go to one of them, what would be the public perception?
In a note released four days after the “open” political event called by the PP in Madrid against the amnesty for those prosecuted by the process, the Judicial Ethics Commission explains that judges, like any other citizen, enjoy the fundamental right to attend to a demonstration but, as is the case with other rights, with certain limitations that are a consequence “of the ethical duty that affects their non-strictly professional life to avoid any action that could question the independence or confidence of society in the Judiciary”, which should lead you to act “with moderation and prudence.”
The Ethics Commission warns that the participation of a member of the judicial career in a demonstration “may be subsequently analyzed and publicized, even in press coverage or on social networks,” which is why it recommends assessing, in advance, “what could be the public perception of your attendance.”
The opinion distinguishes the demonstrations called “on the occasion of threats to democracy, the rule of law and fundamental freedoms and in defense of the same, far from partisan struggle”, which will deserve a positive ethical judgment, from those others in which The participation of judges is inadvisable.
Demonstrations in which the judge’s participation can call into question citizens’ trust in justice deserve a negative ethical judgment; those that are directly or indirectly linked to a case or group of cases pending before the courts or that are likely to come before the courts; those in which the judge’s assistance may be perceived as taking a political position or supporting an inappropriate particular cause; or those in which his participation may collide with the correct performance of judicial functions.
In conclusion, the Commission points out, “the judge must act cautiously by refraining from attending demonstrations or withdrawing from them when there is a risk of calling into question the impartiality or independence of the judicial system.”
In a second opinion, the Commission advises against, from the point of view of the principles of judicial ethics, the attendance of judges, in their capacity as citizens, at rallies organized by political parties, since they may violate “the principles of independence.” , impartiality and integrity and represents a strong impact on citizens’ perception of the independence and impartiality of the Administration of Justice.”
The Commission reasons that political rallies are currently “acts of propaganda and marketing” that political parties use to “spread their messages, attract supporters and organize their electoral campaign strategies”; that its impact depends on the presence of the media and the dissemination that they make of its content; and that attendance at a political party rally “identifies attendees with militancy or sympathy towards their postulates.”
The presence of a judge at an event of these characteristics implies, therefore, the risk of being identified with the ideology of the political party in question. That is, from the perspective of a reasonable observer, the Commission adds, “the presence of a judge at a rally of a political party represents an impact on the appearance of independence, integrity and impartiality, insofar as it leads to the identification of the judge or magistrate with the postulates of a certain political party, which is contrary to the principle of political neutrality” that permeates the principles of judicial ethics.
In addition, it would contribute to “the public perception that justice is politicized, generating distrust in citizens in justice and in the functioning of judicial bodies.”
The Judicial Ethics Commission is made up of six members of the Judicial Career – chosen directly by Spanish judges and magistrates – and an academic expert in Ethics or Philosophy of Law, whose function is to guide the interpretation of the Principles of Judicial Ethics.
