Fee-paid judicial office holders allowed to practice law in breach of the Bangalore Principles of Judicial Conduct

Eduard Popescu made this Freedom of Information request to Judicial Appointments Commission

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

The request was partially successful.

Dear Judicial Appointments Commission,

The Bangalore Principles of Judicial Conduct make very clear that :

"A judge shall not practise law whilst the holder of judicial office." (4.12)

https://www.unodc.org/pdf/crime/corrupti...

There is nothing in the Bangalore Principles of Judicial Conduct to further qualify or provide exemptions from the principle that "A judge shall not practise law whilst the holder of judicial office."

Contrary to the above-mentioned Bangalore Principles of Judicial Conduct, it is common practice in England and Wales to have "fee-paid" judges that practice law while holding judicial office:

"Fee-paid judicial office holders can continue their legal practice."

https://www.judicialappointments.gov.uk/...

The norm of those "fee-paid" judges can be as high as 90% of that of a salaried judge:

"The Lord Chancellor, the Right Honourable Jack Straw MP, has appointed Sarah Jane Goodman to be a Salaried Part-time Employment Judge of the Employment Tribunals (England and Wales). Mrs Goodman will be assigned to the London Central Region, working on a 90% pro rata basis, with effect from 11 January 2010."

http://www.mynewsdesk.com/uk/pressreleas...

Please provide me with all the submissions, minutes of meetings and other official documents that led to the MoJ allow fee-paid judicial office holders to continue their legal practice in breach of the Bangalore Principles of Judicial Conduct stating that "A judge shall not practise law whilst the holder of judicial office."

Yours faithfully,

Eduard Popescu

FOIA, Judicial Appointments Commission

Dear Mr Popescu

Thank you for your email of 29 May 2018 outlining your Freedom of Information request.

The JAC has a statutory duty under the Freedom of Information Act 2000 to provide a response to Freedom of Information requests within 20 working days. You should therefore receive a full response by 25 June 2018.

I trust this is helpful.

Ian Thomson
Head of HR/Finance/Business Services/Complaints
Judicial Appointments Commission
Clive House
5th Floor , 70 Petty France,
London, SW1H 9EX
Tel 020 3334 5899 [mobile number]

jac.judiciary.gov.uk | LinkedIn | Twitter |

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Thomson, Ian (JAC), Judicial Appointments Commission

Dear Mr Popescu

Thank you again for your email of 29 May 2018 concerning you Freedom of Information Request. You have specifically asked to " provide you with all the submissions, minutes of meetings and official documents that led to the MoJ allow fee-paid judicial office holders to continue their legal practice in breach of the Bangalore Principles of Judicial Conduct stating that "A judge shall not practice law whilst the holder of a judicial office"

As your request relates to the terms and conditions of Judicial Holders, I am afraid that it is not a matter that falls under the Judicial Appointments Commission jurisdiction. Your request is more appropriate for the Judicial Office. This can be made at the following address

Data Access and Compliance Unit
Postal Point 10.34, Floor 10
102 Petty France
London
SW1H 9AJ

[email address]

However, it might be helpful to mention that the Bangalore Principles are not legally binding, although the Guide to Judicial Conduct (published by The Judges’ Council, chaired by Lord Chief Justice) adopts the principles. Under the guide, fee-paid judges are not subject to the same degree of constraint as those who are salaried, however they should not use their appointment as a means of pursuing personal, professional or commercial advantage. A copy of that guide in enclosed.

The law that is binding on salaried judges being barred from practice is section.75 Courts and Legal Services Act 1990. Schedule 11 of the same Act sets out the range of judges that this applies to.

I trust this this reply is helpful.

Ian Thomson
Head of HR/Finance/Business Services/Complaints
Judicial Appointments Commission
Clive House
5th Floor , 70 Petty France,
London, SW1H 9EX
Tel 020 3334 5899 [mobile number]

www.judicialappointments.gov.uk | LinkedIn | Twitter |

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Dear Mr Thomson

Thank you for providing an appropriate response and useful guidance on who my FOI should be addressed to.

Yours sincerely,

Eduard Popescu