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SECTION 12. Voluntary inhibition - Code of Judicial Conduct / Ethics

SECTION 12. Voluntary inhibition of Code of Judicial Conduct / Ethics. SECTION 12. Voluntary inhibition. - A judge may, in the exercise of sound discretion, inhibit from a proceeding for just or valid reasons other t

  • Subjects 9 Bar syllabus groups
  • Codals 48 Primary legal sources

Code of Judicial Conduct / Ethics

SECTION 12. Voluntary inhibition. - A judge may, in the exercise of sound discretion, inhibit from a proceeding for just or valid reasons other than the grounds for mandatory inhibition.

In case of voluntary inhibition, the judge shall take into consideration the following:

ItemDescriptionAmount
(a)
whether a judge is unable to decide the matter impartially or if it will appear to a reasonable observer that the judge is unable to decide the matter impartially;
(b)
whether the matter giving rise to the possibility of inhibition is serious as to affect the fairness and undermine the integrity of the proceedings; and
(c)
whether there is no other court that can be assigned to handle the case or because of urgent circumstances, failure to act could lead to a miscarriage of justice.

As soon as the judge becomes aware of circumstances that may affect the judge's impartiality, the judge shall disclose the same to the parties. After the ground has been disclosed and the parties agree, the judge may continue with the proceedings. The agreement shall be embodied in an order.

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